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

California, United States of America


The following excerpt is from In Re T.Tr., A125597, No. JW05-6803 (Cal. App. 2010):

"[T]he 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.] The defendant bears the burden of adducing ' " 'some evidence' " ' on this score." (People v. Lawley (2002) 27 Cal.4th 102, 159.)

Other Questions


Is an informant a material witness in a criminal case? (California, United States of America)
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)
What is the test for disclosing personal information of potential witnesses in criminal cases? (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)
Does the prosecution have to keep "periodic tabs" on every material witness in criminal cases? (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)
Is there any case law where a trial court improperly excluded a witness from testifying because the witness name was not disclosed during discovery? (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)
What is the test for corroboration of information provided by an informant in a criminal case? (California, United States of America)
What is the legal test for disclosing the identity of a confidential informant in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.