Banks v. Dretke, 540 U.S. 668, 13 (2004)

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680

BANKS v. DRETKE

Opinion of the Court

the face with a gun and threatened to kill him. Id., at 104- 106. Farr's testimony focused once more on the trip to Dallas to fetch Banks's gun. The gun was needed, Farr asserted, because "[w]e [Farr and Banks] were going to pull some robberies." Id., at 108. According to Farr, Banks "said he would take care of it" if "there was any trouble during these burglaries." Id., at 109. When the prosecution asked: "How did [Banks] say he would take care of it?" Farr responded: "[Banks] didn't go into any specifics, but he said it would be taken care of." Ibid.

On cross-examination, defense counsel twice asked whether Farr had told Deputy Sheriff Huff of the Dallas trip. Ibid. The State remained silent as Farr twice perjuriously testified: "No, I did not." Ibid. Banks's counsel also inquired whether Farr had previously attempted to obtain prescription drugs by fraud, and, "up tight over that," would "testify to anything anybody want[ed] to hear." Id., at 110. Farr first responded: "Can you prove it?" Ibid. Instructed by the court to answer defense counsel's questions, Farr again said: "No, I did not . . . ." Ibid.

Two defense witnesses impeached Farr, but were, in turn, impeached themselves. James Kelley testified to Farr's attempts to obtain drugs by fraud; the prosecution impeached Kelley by eliciting his close relationship to Banks's girlfriend. Id., at 124-129. Later, Kelley admitted to being drunk while on the stand. App. to Pet. for Cert. A13. Former Arkansas police officer Gary Owen testified that Farr, as a police informant in Arkansas, had given false information; the prosecution impeached Owen by bringing out his pending application for employment by defense counsel's private investigator. App. 129-131.

Banks's parents and acquaintances testified that Banks was a "respectful, churchgoing young man." App. to Pet. for Cert. A7; App. 137-139. Thereafter, Banks took the stand. He affirmed that he had "never before been con-

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