Hernandez v. Kenneway

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS JOSE HERNANDEZ, ) ) Petitioner, ) ) v. ) CIVIL ACTION ) NO. 20-11794-DPW STEVEN KENNEWAY, ) ) Respondent. ) MEMORANDUM AND ORDER December 13, 2021 Petitioner Jose Hernandez was convicted of first-degree murder in Massachusetts state court. He now seeks a federal writ of habeas corpus under 28 U.S.C. § 2254. He argues that the prosecution withheld material exculpatory evidence before trial, in violation of the Due Process Clause of the Fourteenth Amendment. See generally Brady v. Maryland,

373 U.S. 83

(1963); Kyles v. Whitley,

514 U.S. 419

(199…