Colorado v. Nunez Case Brief

Facts of the Case

Defendant in a Colorado state narcotics prosecution filed motions to suppress most of the evidence against him as unlawfully seized and for disclosure of the names, addresses, and telephone numbers of all informants who had provided evidence against him. Finding that the defendant had made a sufficient initial showing that an informant would provide information essential to the merits of his suppression motion, and that there was a reasonable basis in fact to believe that the informant was a likely source of relevant and helpful evidence on the question of guilt or innocence, the trial court ordered the state to disclose the informant’s identity. When the state refused to comply, the trial court suppressed the evidence seized pursuant to the search warrant. On interlocutory appeal, the Colorado Supreme Court affirmed solely on the ground that the disclosure of the informant’s identity was essential to the defendant’s motion to suppress. The United States Supreme Court granted certiorari but later dismissed the cert writ as improvidently granted.


Is the prosecution’s failure to disclose a promise of immunity made to a key witness grounds for a new trial?



Case Information

Citation: 465 US 324 (1984)
Argued: Jan 17, 1984
Decided: Feb 21, 1984
Case Brief: 1984