same as in State v. Siel, supra
How later courts described this case
- same as in State v. Siel, supra
- some of the reasoning of the Court of Appeals was questioned by the plurality
- qualified privilege derives from common law
Written by the judges who cited it.
The opinion
Dimmick, J.
(concurring in part, dissenting in part) — I agree with the majority that The Herald is entitled to assert a common law qualified journalist's privilege. I do not agree, however, that remand to the trial court is necessary. Petitioner, in presenting his case for compelling disclosure, assumed that the threshold criteria adopted by the court today were applicable. He was not able to show that he could defeat a legitimately claimed journalist's privilege. His affidavit broadly speculated, without citing specifics, that information needed for the defense was being held by the newspaper. Further, he did not demonstrate that the newspaper had unique access to that information. On such a record, the trial court could not order disclosure; thus, an *761 in camera inspection was not appropriate. By remanding and inferentially permitting petitioner to restate his case under the "new" rule, the majority merely gives him a second opportunity to prove his case, even though he initially failed. The ultimate result is further needless delay of petitioner's trial on the criminal charges. I would, therefore, affirm the Court of Appeals quashing of the subpoena and remanding for trial.