State v. Nellessen
Annotate this CaseDefendant was charged with possession of marijuana as a party to a crime. After a preliminary hearing, Defendant filed a timely motion with the circuit court to compel disclosure of the identity of a confidential informer. After a hearing, the circuit court denied Defendant’s motion to disclose the identity of the informer, determining that the defense had not made a sufficient showing to warrant an in camera review. The court of appeals reversed, concluding that the circuit court erred in denying Defendant’s motion without first conducting an in camera review of the confidential informer’s expected testimony. The Supreme Court reversed the court of appeals, holding (1) in order to trigger an in camera review, a defendant must show a reasonable possibility that a confidential informer may have information necessary to the defendant’s theory of defense; and (2) Defendant in this case failed to meet this burden. Remanded.
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