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.)

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