What is the test for disclosing the name of an informant in a criminal case?

California, United States of America


The following excerpt is from People v. Diaz, B224361 (Cal. App. 2011):

Pursuant to this statutory scheme, "the prosecution must disclose the name of an informant who is a material witness in a criminal case or suffer dismissal of the charges against the defendant. [Citation.] 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. [Citation.]" (People v. Lawley (2002) 27 Cal.4th 102, 159-160; see also Evid. Code, 1042, subd. (d).) "Where the evidence indicates [that] the informer was an actual participant in the crime alleged or was a nonparticipating eyewitness to that offense, ipso facto it is held he would be a material witness on the issue of guilt and nondisclosure will deprive the defendant of a

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