State v. Martinez

The state appeals from a pretrial order of dismissal. ORS 138.060(1). Relying on information from a confidential informant, the police arrested defendant for possession of heroin. ORS 475.992(4). He sought discovery of the informant’s identity on the ground that “the informant’s testimony is relevant to guilt or innocence.” After hearing arguments of counsel and taking testimony in camera from the arresting officer, the court found that there was “a reasonable probability that the informant can give testimony necessary to a fair determination of the guilt or innocence of the Defendant,” but…