STATE v. AYUSO, 98-0583 (La. 11/6/98); 722 So.2d 984

STATE OF LOUISIANA v. ABRAHAM AYUSO AND ROY SARRIO

No. 98-KK-0583Supreme Court of Louisiana.
November 6, 1998

IN RE: State of Louisiana; — Plaintiff(s); Applying for Supervisory and/or Remedial Writs; Parish of Jefferson 24th Judicial District Court Div. “C” Number 97-4691, 97-4964; to the Court of Appeal, Fifth Circuit, Number 98-KW-0163.

Granted with order. See per curiam.

PER CURIAM:

Granted. The ruling of the district court ordering disclosure of CI-2’s identity is reversed and this case is remanded for further proceedings. The evidence adduced at the hearing showed that CI-2 acted as more than a mere bystander but always in concert with, and always to a far lesser degree than, the more active informant, CI-1, whose identity the court also ordered disclosed. With respect to CI-2, the defendant failed to carry his burden of demonstrating exceptional circumstances warranting disclosure of an informants identity upon a showing “that the informant may be able to give testimony which is necessary to a fair determination of the issue of guilt or innocence.” State v. Davis,411 So.2d 434, 436-37 (La. 1982).

LEMMON, J. would grant and docket for argument.

JOHNSON, J. would deny the application.

CALOGERO, C.J. not on panel; recused.

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