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McGhee v. State

The trial court did not err in refusing to require the State to reveal the identity of a confidential informant in the defendant's trial on drug charges, because the defendant failed to meet his burden of proof with regard to his motion to reveal the informant's identity.

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Following a trial by jury, Onza McGhee was convicted of possession of cocaine with the intent to distribute, criminal attempt to commit the sale of cocaine, and use of a communication facility in facilitating a commission of a felony criminal act. McGhee’s sole contention on appeal from these convictions is that the trial court erred in refusing to require the State to reveal the identity of a confidential participant informer. For the reasons set forth infra, we affirm.

At the outset, we note that the suppression by the State of evidence favorable to an accused upon request violates due process when the evidence is material either to guilt or to punishment.1 And when the source of evidence that is favorable to an accused comes from a confidential informant, Brady’s protections can conflict with the State’s privilege to withhold from disclosure the identity of persons who furnish information of violations of law to officers charged with enforcement of that law.2 Thus, when a defendant files a motion seeking disclosure of a confidential informant’s identity, one of these two competing interests must yield.3

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