STATE v. MARTIN

No. 22790-8-II.

959 P.2d 152 (1998)

91 Wash.App. 621

STATE of Washington, Respondent, v. Scott A. MARTIN, Defendant, and Rich Hamlin, Petitioner.

Court of Appeals of Washington, Division 2.

July 17, 1998.


Attorney(s) appearing for the Case

Steven T. O'Ban, Seattle, for Appellant Hamlin.

Gary Edward Hood, John Robert Connelly, Gordon Thomas Honeywell, Tacoma, for Defendant Martin.

Steven Timothy McFarland, Annadale, VA, for Amicus Curiae Christian Legal Society.

Kathleen Proctor, W. Stephen Gregorich, Pierce County Deputy Prosecuting Attorneys, Tacoma, for Respondents.


HOUGHTON, Chief Judge.

Pastor Rich Hamlin appeals a trial court order finding him in contempt for refusing to provide testimony in the criminal trial of Scott Anthony Martin, whom the State charged with second degree murder for the death of his infant son. We hold that Martin's statements to Pastor Hamlin, to the extent they were confidential, are privileged under RCW 5.60.060(3). We, therefore, reverse and remand for further proceedings.

FACTS

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