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Unformatted text preview: bands and wives. "The privilege should be limited to expressions intended by one spouse to convey a meaning or message to the other!" Notes: Why is the prosecution eliciting from his wife his impotence. Wellborn surmises the rape involved the use of some device.... STATE v. MAXON [Spousal Privilege: Parent-Child] Issue: Should the court recognize a parent-child testimonial privilege for confidential communications based on the constitutional right to privacy, the common law, or public policy grounds? Holding: No parent-child testimonial privilege will be recognized o No constitutional basis o No common law basis o No public policy basis A parent-child privilege is not essential to preservation of the family. Lawyer-Client Privilege: Uniform Rules of Evidence, Rule 502
Rule 502: Lawyer-Client Privilege General rule of privilege: A client has a privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made for the purpose of facilitating the rendition of professional legal services to the client. o Who may claim the privilege: Client and lawyer (or lawyer's representative someone employed or reasonably believed by the client to be employed, by the lawyer to assist the lawyer in rendering professional legal services) may claim the privileg...
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