Prosecution Withholding the Name of An Informant In California Case
In People v. Rodgers (1976) 54 Cal. App. 3d 508, 516-517 [126 Cal. Rptr. 719], the reviewing court refused to consider on appeal the defendant's claim that the trial court had erred in not imposing a sanction on the prosecution for withholding the name of an informant.
The sanction sought was to excise the informant's information from the probable cause determination.
As the reviewing court pointed out, however, the defendant never obtained a ruling on the requested sanction at the trial court level following a lengthy argument before the trial court on the underlying motion to disclose the informant.
The court in Rodgers held that in failing to insist on the appropriate ruling, counsel had abandoned the point. (Id. at p. 516.)
The court found that under such circumstances, counsel is presumed to have waived a ruling as if he had never asked for it. (Ibid.)
The court concluded that "What all this amounts to is that the point is not arguable on this appeal." (Id. at p. 517.)