Evidence-Wellborn SU2006 Outline

Procedural posture appellant objected to the

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Unformatted text preview: ial privilege is not preserved here. Notes: The witness-spouse holds the testimonial privilege; it is hers to assert or waive Testimonial privilege = spouse may refuse to testify about anything that would be adverse to the defendant spouse. (Applies only during marriage) The non-communicating spouse holds the communication privilege: Can prevent the communicating spouse from waiving the privilege (i.e. from testifying as to any CONFIDENTIAL communications made during the marriage) By the time of Trammel with respect to the testimonial privilege there is no consensus among the states...(footnote 9, page 507) reflects the dubious underpinnings of such a privilege; if it rested on a firm foundation like attorney-client, places would be on the same page....if everyone is all over the place it is very questionable whether this should exist at all and if so in what form. Distinction between a privilege and an incompetency: Privileges are always waivable. Incompetencies are NOT waivable. Texas used to be in a criminal case, the spouse of the accused is INCOMPETENT to testify against the ot...
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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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