Evidence-Wellborn SU2006 Outline

Lawyer client privilege uniform rules of evidence

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Unformatted text preview: her spouse, is competent to testify on behalf of the other spouse w/ exceptions (alleged victim was the spouse, victim was a child of either of the spouses)... Because it was a rule not of privilege or incompetency, it was not waivable..hence, the accused could call spouse as a witness for the defense, limit the examination to one subject, and then on cross if the prosecution tried to bring in another related subject, they couldn't!! Scope of direct was the rule in Texas, did not waive your privilege by bringing your spouse onto the stand (whereas you do waive your privilege against selfincrimination by bringing yourself to the stand!) WELLBORN HATES SPOUSAL PRIVILEGE JUST AS MUCH AS I DO Makes no sense, it only remains because of romanticism. STAFFORD v. STATE [Spousal Privilege Confidential Communications] Facts: Stafford, his wife and his brother robbed the Sirloin Stockade Restaurant. Brother and wife held the employee at gunpoint while the appellant and manager emptied the office safe. Procedural Posture: Stafford convicted on six counts of murder in first degree Stafford advances that the trial court erred by allowing his wife to testify, contends that Verna's testimony violated the husband and wife privilege. Stafford also contends that the trial court erred by allowing a third party, Linda Lewis, to testify as to a conversation he and his wife had that she overheard, that was intended t...
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