Banks v. Dretke, 540 U.S. 668, 14 (2004)

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Cite as: 540 U. S. 668 (2004)

Opinion of the Court

victed of a felony." Id., at 134.4 Banks admitted striking Vetrano Jefferson in April 1980, and traveling to Dallas to obtain a gun in late April 1980. Id., at 134-136. He denied, however, any intent to participate in robberies, asserting that Farr alone had planned to commit them. Id., at 136- 137. The prosecution suggested on cross-examination that Banks had been willing "to supply [Farr] the means and possible death weapon in an armed robbery case." Id., at 137. Banks conceded as much. Ibid.

During summation, the prosecution intimated that Banks had not been wholly truthful in this regard, suggesting that "a man doesn't travel two hundred miles, or whatever the distance is from here [Texarkana] to Dallas, Texas, to supply a person with a weapon." Id., at 143. The State homed in on Farr's testimony that Banks said he would "take care" of any trouble arising during the robbery:

"[Farr] said, 'Man, you know, what i[f] there's trouble?' And [Banks] says, 'Don't worry about it. I'll take care of it.' I think that speaks for itself, and I think you know what that means. . . . I submit to you beyond a reasonable doubt that the State has again met its burden of proof, and that the answer to question number two [propensity to commit violent criminal acts] should also be yes." Id., at 140, 144. See also id., at 146-147.

Urging Farr's credibility, the prosecution called the jury's attention to Farr's admission, at trial, that he used narcotics. Id., at 36, 140. Just as Farr had been truthful about his drug use, the prosecution suggested, he was also "open and honest with [the jury] in every way" in his penalty-phase testimony. Id., at 140. Farr's testimony, the prosecution emphasized, was "of the utmost significance" because it

4 Banks, in fact, had no criminal record at all. App. 255, ¶ 115; App. to Pet. for Cert. C23. He also "had no history of violence or alcohol abuse and seemed to possess a self-control that would suggest no particular risk of future violence." Ibid.

681

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