Marquez v. Commissioner of Correction

Summary

Justice Palmer concurred in the majority's result because any undisclosed agreement or understanding between the state and cooperating witness Edwin Soler was not material under Brady. The concurrence declined to decide whether a formal agreement actually existed, but concluded that the circumstances reflected at least an informal understanding that Soler would receive consideration for testifying. Justice Palmer urged disclosure and written memorialization of such understandings and suggested that a jury instruction may be necessary when disclosure is otherwise inadequate.