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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Nora and Greg are married. Greg is charged with perjury. Nora, subpoenaed as a defense witness, testifies that during a private dinner at their home Greg told her that he lied in his sworn statements and asked her to cover it up. The prosecution seeks to compel Nora to testify about the statement. (a) Identify the doctrine and governing rule. (b) Distinguish spousal Testimonial Privilege from Spousal Communications Privilege. (c) Apply to the facts: May Nora refuse to testify about the statement? Are there any exceptions that would permit testimony?

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The privilege applies only when the couple are estranged, not while they are still married; Since Nora and Greg are married, no privilege applies here. Spousal Testimonial Privilege; A spouse cannot be compelled to testify against the other in a criminal case; In this scenario, Nora would be barred from testifying about the confession because it would be testimony against the other spouse. Spousal Communications Privilege; The communication was a confidential exchange between spouses during marriage; Nora may refuse to testify about the statement; The privilege applies so long as no third party was present when it was made, and it is waived if a third party was present. The crime-fraud exception nullifies all spousal privileges whenever the testimony concerns criminal acts; Nora may be compelled to testify.

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