Evidence-Wellborn SU2006 Outline

Notes federal rules unknown eavesdropper problem with

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Unformatted text preview: ght during a customs search in Hawaii, and agreed to cooperate with the D.E.A. Procedural Posture: Government intended to call Trammel's wife as an adverse witness; Trammel asserted that he had a claim to privilege to prevent her from testifying against him. District court rule that Mrs. Trammel could testify in support of the government's case to any act she observed during the marriage and to any communication "made in the presence of a third person" however confidential communications between petitioner and his wife were held to be privileged and inadmissible. Issue: In a criminal proceeding where one spouse is an adverse party, is testimony about acts perceived and conversations that were not confidential, admissible? Holding: Trammel's wife's testimony about any act she observed during the marriage and to any communication "made in the presence of a third person" was admissible. In a criminal case where the spouses are adverse parties, the spousal privilege only extends to private communications, testimon...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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