Conley v. United States

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

I. BACKGROUND

This case presents for decision but a single, straight-forward question. It is this: Recognizing that “it is enough to show that [withheld] evidence undermines confidence in the verdict,” Conley v. United States, 323 F.3d 7,10 (1st Cir.2003), did the government’s withholding of evidence in this case deprive Kenneth Conley of “a fair trial, understood as a trial resulting in a verdict worthy of confidence[?]”, Kyles v. Whitley, 514 U.S. 419, 434, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995).

I am not the first judge to address this question. The…