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Nielsen v. State, 2016 UT 52 (Nov. 18, 2016)

Nov 18, 2016

The Utah Supreme Court held that, under Utah R. Evid. 505, when the government invokes the confidential informant privilege, all charges for which that testimony is necessary must be dismissed.  The court abandoned a common-law multi-factor test governing the admission of testimony from a confidential informant.  The inquiry is limited to “whether an informer may be able to give testimony necessary to a fair determination of the issue of guilt or innocence in a criminal case.”