State v. Nielsen

Justice Durham,

opinion of the Court:

INTRODUCTION

¶1 In this criminal ease, the State claimed a privilege under rule 605 of the Utah Rules of Evidence to refuse to disclose the identity of a confidential informant. Rule 505 provides that if the State exercises this privilege in a ease where the district court determines that there is a reasonable probability that the informant can give testimony necessary to a fair determination of the issue of the defendant’s guilt or innocence, the court must dismiss the charges associated with this testimony.

¶2 We must decide in this appeal whether the…