Dean v. Commonwealth

I respectfully dissent from the majority opinion because Dean received an essentially fair trial and was not denied any of his rights.

Dean’s right to be present at the deposition was waived by his counsel knowingly and explicitly. Powell v. Commonwealth, Ky., 346 S.W.2d 731 (1961) as cited by the majority is inapposite because in that case it was the defense attorney and not the accused who was absent and it was at the time the verdict was returned to the court. That case turned on the right of the defendant to be present at an essential part of the jury trial. Here the waiver was explicit…