Wyoming Motion to Disclose Confidential Informants - Release

State:
Multi-State
Control #:
US-02221BG
Format:
Word; 
Rich Text
Instant download

Description

One issue when dealing with confidential informants is whether or not the government must disclose the identity of the informant. The issue of whether or not the government must disclose the identity of the confidential informant sometimes turns on whether the informant is a "mere tipster" or an actually participant in the transaction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Sometimes, the prosecution will provide this. If the prosecution will not do this, defendant should file a discovery motion for disclosure of an informant's identity. This can be a powerful motion. Such a motion is grounded on the Sixth Amendment right to confront witnesses and due process to a fair trial.

402. Relevant evidence generally admissible; irrelevant evidence inadmissible. 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time.

A statement not specifically covered by any of the foregoing exceptions but having equivalent circumstantial guarantees of trustworthiness, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other ...

Rule 408. Evidence of conduct or statements made in compromise negotiations is likewise not admissible.

Rule 40 - Assignment for trial or alternative dispute resolution (a) Scheduling Actions for Trial. The court shall place actions upon the trial calendar: (1) without request of the parties; or (2) upon request of a party and notice to the other parties; or (3) in such other manner as the court deems expedient.

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time. 404. Character evidence not admissible to prove conduct; exceptions; other crimes.

Entrapment law serves the purpose of ensuring that a defendant is not punished who, but for government encouragement, would not have committed an offense. Rivera v. State, 846 P. 2d 1, 4 (Wyo.

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Wyoming Motion to Disclose Confidential Informants - Release