Keener v. Commonwealth

Opinion

BENTON, J.

Michael Keener was convicted of possession with intent to distribute a controlled drug, phencyclidene (PCP) in violation of Code § 18.2-248. Prior to trial, the judge entered an order granting Keener’s requests for all exculpatory and discovery material. Keener argues that he was entitled to a mistrial because the prosecution failed to reveal, until after the commencement of the proceedings, the identity of an informant, whose testimony might have been material to Keener’s defense. We agree, and for the reasons which follow, we reverse the conviction and remand the case for a…