Case Status
2 results
BANKS, DELMA, JR. v. DRETKE, DIR., TX DCJ (37389)
Order dated: 03/12/03Docket number: 02-8286
Action:
(02A724) The application for stay of execution of sentence of death presented to Justice Scalia and by him referred to the Court is granted pending the disposition of the petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
BANKS, DELMA, JR. v. DRETKE, DIR., TX DCJ (37389)
Order dated: 04/21/03Docket number: 02-8286
Action:
The motion of petitioner for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to Questions 1, 2, and 3 presented by the petition. CERTIORARI DENIED
A description of the questions presented by the case has been prepared:
In this Texas capital case, the Fifth Circuit (in an unpublished order) overturned the district court's issuance of habeas corpus relief as to Petitioner Delma Banks' sentence. Banks contends that the Court of Appeals reached this result only by misapplying and misinterpreting well-established 'precedents of this Court regarding, inter alia, prosecutorial misuse of peremptory challenges to exclude African Americans from Banks' petit jury, and trial counsel's ineffective assistance of counsel. Specifically, Banks seeks review by this Court of the following questions: 1. Did the Fifth Circuit commit legal error in rejecting Banks' Brady claim— that the prosecution suppressed material witness impeachment evidence that prejudiced him in the penalty phase of his trial--on the grounds that: (a) the evidence supporting the claim was procedurally defaulted, notwithstanding the fact that, like in Strickler v. Greene, 527 U.S. 263 (1999), there was no reasonable basis for concluding that counsel for Banks could have discovered the suppressed evidence prior to or during that trial or state post-conviction proceedings; and (b) the suppressed evidence was immaterial to Banks' death sentence, where the panel neglected to consider that the trial prosecutors viewed the evidence to be of utmost importance to showing a capital sentence was appropriate? 2.Did the Fifth Circuit act contrary to Stricland v. Washington, 466 U.S. 668 (1984)and Williams v. Taylor, 529 U.S. 362 (2000),where it weighed each item of mitigating evidence separately and concluded that no single category would have brought a different result at sentencing without weighing the impact of the evidence collectively? 3. Did the Fifth Circuit act contrary to Harris v. Nelsen, 394 U.S. 286 (1969)and Withrow v. Williams, 507 U.S. 680 (1993) in holding that Fed. R. Civ. P. 15(b) does not apply to habeas proceeding because evidentiary hearings in those proceedings are not similar to civil trials? 4. Did the Fifth Circuit err in refusing to consider Bank's jury discrimination claim--virtually identical to one this Court is consider Bank's jury discrimination claim-- virtually identical to one this Court is considering in Miller-El v. Cockrell (No.01-7662)--based upon its conclusions that: (a) the state court's rejection of that claim rested upon an adequate and independent state ground; and that (b) there was inadequate prejudice to Mr. Bank's interest to excuse his counsel's failing to present, at trail, direct and statistical evidence of the prosecution's consistent policy of using peremptory challenges to keep African Americans off felony juries?
An opinion has been handed down: