Dean v. Commonwealth

I concur in the result. I agree the conviction should be reversed and agree in part with the reasoning set forth in the Majority Opinion. I respectfully disagree with the Opinion, as follows:

I. DEAN’S RIGHT TO BE PRESENT AT DEPOSITION

This is a right that can be waived, if not tacitly, certainly if done by defendant’s counsel knowingly and explicitly. Such was the case here.

Richmond v. Commonwealth, Ky., 637 S.W.2d 642 (1982), is specific authority re*910futing the statement in the Majority Opinion that “the right to be present and to confront [the witness at deposition] is personal to the…