State v. Ayuso

Supreme Court of Louisiana

State v. Ayuso

722 So. 2d 984, 1998 La. LEXIS 3257, 1998 WL 786498

CourtSupreme Court of Louisiana

DecidedNovember 6, 1998

DocketNo. 98-KK-0583

StatusPublished

This text of 722 So. 2d 984 (State v. Ayuso) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Ayuso, 722 So. 2d 984, 1998 La. LEXIS 3257, 1998 WL 786498 (La. 1998).

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Opinion

PER CURIAM.

Granted. The ruling of the district court ordering disclosure of CI-2’s identity is reversed and this ease is remanded for further proceedings. The evidence adduced at the hearing showed that CI-2 acted as more than a mere bystander but always in concert with, and always to a far lesser degree than, the more active informant, CI-1, whose identity the court also ordered disclosed. With respect to CI-2, the defendant failed to carry his burden of demonstrating exceptional circumstances warranting disclosure of an informant’s identity upon a showing “that the informant may be able to give testimony which is necessary to a fair determination of the issue of guilt or innocence.” State v. Davis, 411 So.2d 434, 436-37 (La.1982).

LEMMON, J., would grant and docket for argument. JOHNSON, J., would deny the application. CALOGERO, C.J., not on panel; recused.

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PER CURIAM.

Granted. The ruling of the district court ordering disclosure of CI-2’s identity is reversed and this ease is remanded for further proceedings. The evidence adduced at the hearing showed that CI-2 acted as more than a mere bystander but always in concert with, and always to a far lesser degree than, the more active informant, CI-1, whose identity the court also ordered disclosed. With respect to CI-2, the defendant failed to carry his burden of demonstrating exceptional circumstances warranting disclosure of an informant’s identity upon a showing “that the informant may be able to give testimony which is necessary to a fair determination of the issue of guilt or innocence.” State v. Davis, 411 So.2d 434, 436-37 (La.1982).

LEMMON, J., would grant and docket for argument. JOHNSON, J., would deny the application. CALOGERO, C.J., not on panel; recused.

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722 So. 2d 984, 1998 La. LEXIS 3257, 1998 WL 786498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ayuso-la-1998.

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