After Chief Justice Roberts and Justice Kennedy opened up this line of questioning, Justice Ginsburg and Justice Kagan pinned Mr. Keller down on the issue. Once Mr. Keller conceded that Texas’s reason for not offering Mr. Buck a rehearing was that defense counsel introduced the evidence, Justice Kagan explained why this would actually be more prejudicial to the jury. After all, she stated, the jury would have been more likely to believe the defense when it said something contrary to Mr. Buck’s interests than the prosecution.

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