People v. Underwood

In People v. Underwood, 447 Mich 695; 526 NW2d 903 (1994), the Supreme Court of Michigan held that "the most useful procedural vehicle for helping a trial judge to strike the appropriate balance between these competing interests is the in camera hearing." Id. at 706 (quoting People v. Stander, 73 Mich App 617, 622-623; 251 NW2d 258 (1977)). The Underwood Court further held: Thus, where the government invokes the privilege in the face of a defense request for disclosure, and where the accused is able to demonstrate a possible need for the informant's testimony, the trial judge should require production of the informant and conduct a hearing in chambers, and out of the presence of the defendant. At this hearing the court will have an opportunity to examine the informant in order to determine whether he could offer any testimony helpful to the defense. Underwood, supra at 706 (quoting Stander, supra at 622-623).