State v. Regan

¶34 (dissenting) — I disagree with the court’s disposition of this case for a number of reasons. But first of all, I am troubled that the court reverses a trial judge today on a theory the judge was not asked to pass on (deprivation of counsel in violation of the Sixth Amendment), on a citation to case authority he was not invited to consider (State v. Sullivan4), and based on a factual issue he was not invited to pass on (whether the testimony was necessary).

Sweeney, C.J.

¶35 Eric Regan argued here in the Court of Appeals that Alan White’s testimony was privileged and that requiring his…