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Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Question
Oscar and Bella are married. Oscar is charged with robbery. Bella, called as a witness, asserts the spousal Testimonial Privilege to refuse testimony about a confession Oscar allegedly made to her in their home. The prosecution seeks to compel Bella to testify. (a) Identify the doctrine and governing rule. (b) Distinguish spousal Testimonial Privilege from the Spousal Communications Privilege. (c) Apply to the facts: May Bella refuse to testify about the confession? Are there any exceptions that would permit testimony?