IN RE MILLER

No. 303PA02.

584 S.E.2d 772 (2003)

357 N.C. 316

In re: The Investigation of the Death of Eric Dewayne MILLER and of any Information in the Possession of Attorney Richard T. Gammon regarding that Death.

Supreme Court of North Carolina.

August 22, 2003.


Attorney(s) appearing for the Case

Poyner & Spruill LLP, by David W. Long and Joseph E. Zeszotarski, Jr., Raleigh, for the respondent-appellant.

Roy Cooper, Attorney General, by William B. Crumpler, Assistant Attorney General; and C. Colon Willoughby, District Attorney, Tenth Prosecutorial District, for the State-appellee.


LAKE, Chief Justice.

This case involves the attorney-client privilege and raises the primary question of whether, in the context of a pretrial criminal investigation, there can be a viable basis for the application of an interest of justice balancing test or an exception to the privilege which would allow a trial court to compel disclosure of confidential communications where the client is deceased, an issue of first impression for this Court.

On 2 December...

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