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Sep 30

Written by: Eric Wolfram
9/30/2009 7:36 AM 

Banks v. Thaler No. 08-70019

http://www.ca5.uscourts.gov/opinions/pub/08/08-70019-CV0.wpd.pdf

30 year old Brady violation on death row inmate in Texas.  However, majority in 2-1 decision said Brady violation was not "material," though no question of prosecutorial misconduct.

Of course the odds of getting a death sentence 30 years after the fact is probably the unwritten reason for the majority opinion.

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