[Download] "State West Virginia v. Estil Green" by Supreme Court of Appeals of West Virginia " Book PDF Kindle ePub Free

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eBook details

• Title: State West Virginia v. Estil Green
• Author : Supreme Court of Appeals of West Virginia
• Release Date : January 05, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

1. "When the State in a criminal action refuses to disclose to the defendant the identity of an informant, the trial court upon motion shall conduct an in camera inspection of written statements submitted by the State as to why discovery by the defendant of the identity of the informant should be restricted or not permitted. A record shall be made of both the in court proceedings and the statements inspected in camera upon the disclosure issue. Upon the entry of an order granting to the State nondisclosure to the defendant of the identity of the informant, the entire record of the in camera inspection shall be sealed, preserved in the records of the court, and made available to this Court in the event of an appeal. In ruling upon the issue of disclosure of the identity of an informant, the trial court shall balance the need of the State for nondisclosure in the promotion of law enforcement with the consequences of nondisclosure upon the defendants ability to receive a fair trial. The resolution of the disclosure issue shall rest within the sound discretion of the trial court, and only an abuse of discretion will result in reversal. W.Va.R.Crim.P. 16(d)(1)." Syllabus Point 3, State v. Tamez, 169 W.Va. 382, 290 S.E.2d 14 (1982).

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