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Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Marcos and Lada are married. Marcos is charged with robbery. Lada, subpoenaed as a witness for the prosecution, refuses to testify about a conversation in which Marcos allegedly confessed to her in their home that he planned the robbery. The prosecution seeks to compel Lada to testify about the confession. (a) Identify the doctrine and governing rule. (b) Distinguish spousal Testimonial Privilege from Spousal Communications Privilege. (c) Apply to the facts: May Lada refuse to testify about the confession? Are there any exceptions that would permit testimony?