California, United States of America
The following excerpt is from People v. Lee, 164 Cal.App.3d 830, 210 Cal.Rptr. 799 (Cal. App. 1985):
It was not error per se for the trial court to conduct a second in camera hearing to determine the fair trial issue without the personal appearance and testimony of the confidential informant at such hearing. However, the trial court erred in its conclusion that the informant was not a possible material witness and in failing to order disclosure of the informant's identity. Defendant demonstrated a reasonable possibility the informer could give evidence on the issue of guilt that could result in defendant's exoneration (People v. Garcia, supra, 67 Cal.2d 830, 840, 64 Cal.Rptr. 110, 434 P.2d 366); only the informant could testify as to whether defendant personally had been selling PCP, whether she or another or others exercised dominion and control over the drugs and the nature and extent of the informant's personal knowledge
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II. DID THE TRIAL COURT IMPROPERLY CONSIDER THE TESTIMONY IN THE FIRST IN CAMERA HEARING?
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