People v. Arbuckle

NEWMAN, J., Concurring.

I do not agree with the majority’s conclusion that “the report herein has inherent reliability because it was made pursuant to a court order by expert, objective government personnel in pursuit of their official duties.” Fundamental fairness requires, I believe, that a defendant in cases like this be allowed some kind of confrontation of the “experts” as well as an opportunity to challenge their methodology.

I concur in the holding that defendant was denied part of his plea bargain, however, and thus I agree with the majority’s disposition of the case.

*758BIRD, C. J.

I agree with the concurring and dissenting views expressed by my colleague, Justice Newman.