Banks V. Reynolds

Anthony Rozelle Banks was convicted of first-degree murder for the 1978 shooting of David Fremin, and he presently is incarcerated at the Oklahoma State Penitentiary under a sentence of death. Mr. Banks filed this, his first federal habeas corpus petition, raising twenty-seven claims. The district court entered judgment in favor of Mr. Banks on three of these claims: (1) that the prosecution had suppressed exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963); (2) that Mr. Banks received ineffective assistance from his trial counsel; and (3) that he received ineffective assistance from his appellate counsel. *fn1 The court ordered that Mr. Banks was to be retried within 120 days or the writ of habeas corpus would issue. The State has appealed. *fn2