694
Opinion of the Court
On the question of "cause," moreover, Banks's case is stronger than was the petitioner's in Strickler in a notable respect. As a prosecution witness in the guilt and penalty phases of Banks's trial, Farr repeatedly misrepresented his dealings with police; each time Farr responded untruthfully, the prosecution allowed his testimony to stand uncorrected. See supra, at 678-680. Farr denied taking money from or being promised anything by police officers, App. 37; he twice denied speaking with police officers, id., at 38, and twice denied informing Deputy Sheriff Huff about Banks's trip to Dallas, id., at 109. It has long been established that the prosecution's "deliberate deception of a court and jurors by the presentation of known false evidence is incompatible with rudimentary demands of justice." Giglio v. United States, 405 U. S. 150, 153 (1972) (quoting Mooney v. Holohan, 294 U. S. 103, 112 (1935) (per curiam) (internal quotation marks omitted)). If it was reasonable for Banks to rely on the prosecution's full disclosure representation, it was also appropriate for Banks to assume that his prosecutors would not stoop to improper litigation conduct to advance prospects for gaining a conviction. See Berger v. United States, 295 U. S. 78, 88 (1935); Strickler, 527 U. S., at 284.14
The State presents three main arguments for distinguishing Strickler on the issue of "cause," two of them endorsed
14 In addition, Banks could have expected disclosure of Farr's informant status as a matter of state law if Farr in fact acted in that capacity. Under Texas law applicable at the time of Banks's trial, the State had an obligation to disclose the identity of an informant when "the informant . . . was present at the time of the offense or arrest . . . [or] was otherwise shown to be a material witness to the transaction . . . ." Kemner v. State, 589 S. W. 2d 403, 408 (Tex. Crim. App. 1979) (quoting Carmouche v. State, 540 S. W. 2d 701, 703 (Tex. Crim. App. 1976)); cf. Tex. Rule Evid. 508(c)(1) (2003) ("No privilege exists [for the identity of an informer] . . . if the informer appears as a witness for the public entity."). Farr was present when Banks was arrested. App. 443, ¶ 10. Further, as the prosecution noted in its penalty-phase summation, Farr's testimony was not only material, but "of the utmost significance." Id., at 146.
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