Cite as: 540 U. S. 668 (2004)
Opinion of Thomas, J.
Farr's testimony that Banks was planning more robberies,3 in all likelihood the jury still would have found "beyond a reasonable doubt" that there "[was] a probability that [Banks] would commit criminal acts of violence that would constitute a continuing threat to society." Id., at 143 (internal quotation marks omitted). The randomness and wantonness of the murder would perhaps, standing alone, mandate such a finding. Accordingly, I cannot find that the nondisclo-sure of the evidence was prejudicial.
Because Banks cannot show prejudice, I do not resolve whether he has cause to excuse his failure to present his Farr Brady evidence in state court, Keeney v. Tamayo-Reyes, 504 U. S. 1, 11-12 (1992). But there are reasons to doubt the Court's conclusion that Banks can show cause. For instance, the Court concludes that "[t]his case is congruent with Strickler [v. Greene, 527 U. S. 263 (1999)]," ante, at 693, relying in part on the State's general denial of all of Banks' factual allegations contained in his January 1992 state habeas application. But, in the relevant state postconviction proceeding in Strickler, the State alleged that the petitioner had already received " 'everything known to the government,' " a statement that federal habeas proceedings established was clearly not true. 527 U. S., at 289 (emphasis added). In the instant case, the particular allegation raised in Banks' state habeas application and denied by the State was that "the
3 It is quite possible that the jury already discredited this aspect of Farr's testimony. The jury knew, from the testimony of witnesses James Kelley and Officer Gary Owen, that Farr was generally dishonest, as it heard how he had lied about getting into an altercation with a doctor over false prescriptions, and had lied about his status as an informant for an Arkansas officer in other cases. The Court suggests that the witnesses providing this information were themselves "impeached." Ante, at 702. At best, though, they were only slightly impeached. The prosecution merely intimated that Owen was slanting his testimony in the hopes of being hired by the defense counsel's private investigator, App. 131, and that Kelley was doing the same as he was a "friend of [Banks'] family," id., at 141.
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