State v. Burns
State v. Burns
Opinion of the Court
Appellant John Henry Burns was sentenced after being convicted on two counts of possession of controlled substances (cocaine and heroin) with intent to distribute. We reverse and remand the case for a new trial.
An unidentified informant informed Charleston police that appellant had received a large shipment of narcotics. Because this information could not be corroborated, Charleston police officials sought the assistance of a second
Appellant alleges the trial court erred in failing to grant him a continuance because of the unavailability of informant Woods. Prior to trial, appellant moved to have the name of the informant produced. On February 6, 1986, a motion hearing was held, and the court ruled that the identity of the state’s confidential informant had to be disclosed because he was material to appellant’s case. See, Roviaro v. United States, 353 U. S. 53, 77 S. Ct. 623, 1 L. Ed. (2d) 639 (1957); and State v. Diamond, 280 S. C. 296, 312 S. E. (2d) 550 (1984). The following day the solicitor provided the informant’s name. Later that day, appellant’s counsel served a supplemental Brady motion requesting pertinent identifying information the state possessed concerning the informant. The state did not provide the supplemental information. On February 13, 1986, immediately before trial, appellant requested that the state answer the supplemental Brady motion and that he be granted a continuance in order to attempt to locate Woods. Thereupon, the state informed appellant and the court that it no longer had contact with Woods and did not produce any additional information relating to him or his whereabouts. The Court then denied appellant’s motion for a continuance.
The right of an accused to learn the identity of an informant includes more than the state’s revelation of the informant’s name. See, United States v. Goss, 237 F. Supp. 26 (S. D. N. Y. 1965). In cases where the informant’s testimony relates to the offense, preliminary matters such
Since Woods had been ruled material to appellant’s case and the state failed to answer the supplemental Brady motion, appellant was deprived of the opportunity to locate Woods. Therefore, we conclude that there was an abuse of discretion in denying appellant’s motion for continuance. Accordingly, we reverse the decision of the trial court and remand this case for a new trial. Furthermore, it is directed that the Solicitor’s Office disclose information in its possession which will assist the appellant in searching for Woods. In view of this Court’s disposition of the foregoing issue, it is unnecessary to address appellant’s remaining exceptions.
Reversed and remanded.
Former Circuit Court Practice Rule 27 was not retained by South Carolina Rules of Civil Procedure Rule 85(b), however, this court recognizes its continued application.
Reference
- Full Case Name
- The STATE v. John Henry BURNS
- Status
- Published