To the requested relief and its petition for writ of prohibition is therefore denied. The names and addresses of confidential informants. For the reasons that follow, weĬonclude that the circuit court did not exceed its legitimate power in ordering disclosure of The response, all exhibits and the argument of counsel. This Court has before it the petition for writ of prohibition, The circuit court exceeded its legitimate powers in ordering disclosure of the names andĪddresses of confidential informants in the State's initial discovery responses, prior to theĬonclusion of plea negotiations. The State in its case in chief in the underlying criminal prosecutions. Order which requires a timely disclosure of any confidential informant that will be called by Specifically, petitioner seeks to prohibit the enforcement of the circuit court's arraignment West Virginia praying for a writ of prohibition to be directedĪgainst the Honorable Jack Alsop, Judge of the Circuit Court of Webster County. This original proceeding is before this Court upon the petition of the State of The resolution of the disclosure issue shall rest within the sound discretion of the trial court,Īnd only an abuse of discretion will result in reversal.
With the consequences of nondisclosure upon the defendant's ability to receive a fair trial.
Shall balance the need of the State for nondisclosure in the promotion of law enforcement In ruling upon the issue of disclosure of the identity of an informant, the trial court Preserved in the records of the court, and made available to this Court in the event of anĪppeal. Identity of the informant, the entire record of the in camera inspection shall be sealed, Upon the entry of an order granting the State nondisclosure to the defendant of the Of both the in court proceedings and the statements inspected in camera upon the disclosure Of the identity of the informant should be restricted or not permitted. The identity of the 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 When the State in a criminal action refuses to disclose to the defendant May be required where the defendant's case could be jeopardized by non-disclosure. Violations of law to officers charged with the enforcement of the law. ∺ common law privilege is accorded the government against theĭisclosure of the identity of an informant who has furnished information concerning Such jurisdiction exceeds its legitimate powers. It will only issue where a trial court has no jurisdiction or having ∺ writ of prohibition will not issue to prevent a simple abuse ofĭiscretion by a trial court. ∺ writ of prohibition is available to correct a clear legal error resultingįrom a trial court's substantial abuse of its discretion in regard to discovery orders. Syllabus Will a writ of prohibition issue. Syllabus Point 2, Woodall v. Is so flagrant and violative of petitioner's rights as to make a remedy by appeal inadequate, Its legitimate powers, rather than to challenge its jurisdiction, the appellate court will reviewĮach case on its own particular facts to determine whether a remedy by appeal is bothĪvailable and adequate, and only if the appellate court determines that the abuse of power Where prohibition is sought to restrain a trial court from the abuse of
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