What is a material witness in a criminal case?

California, United States of America


The following excerpt is from People v. Horton, B230381 (Cal. App. 2012):

informant who is a material witness in a criminal case or suffer dismissal of the charges against the defendant." (People v. Lawley (2002) 27 Cal.4th 102, 159.) "An informant is a material witness if there appears, from the evidence presented, a reasonable possibility that he or she could give evidence on the issue of guilt that might exonerate the defendant." (Ibid.)

Other Questions


Is there any case law where a material witness was unavailable through a state action even though the material witness had been deported? (California, United States of America)
Is a prosecutor required to monitor every material witness in a criminal case? (California, United States of America)
Does the Fifth Amendment of the Federal and California Constitution require a witness in a criminal case to be a witness against himself? (California, United States of America)
If a witness has been convicted of a criminal offence under section 28(f) of the California Criminal Code, is that prior conviction relevant for impeachment of a witness? (California, United States of America)
Is a prosecution required to monitor every material witness in a criminal case? (California, United States of America)
Is a prosecutor required to monitor every material witness in a criminal case? (California, United States of America)
Does the prosecution have to keep "periodic tabs" on every material witness in criminal cases? (California, United States of America)
Is a criminal record of moral turpitude in a criminal case admissible to impeach a witness? (California, United States of America)
Can a witness who is unavailable as a witness give evidence against an undercover law enforcement officer in a criminal case? (California, United States of America)
Does the prosecution need to notify the defense of a material witness prior to the conclusion of the preliminary hearing that the material witness will be deported? (California, United States of America)
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