"The case precedent, in conjunction with the statutory authority, reveal that we have consistently provided a broad interpretation of the marital communications privilege
," Hotten wrote.
(305) The court then went on to write, citing Solomon, that "[i]n addition, Winston's disclosure of the Probation Memo to Eve is protected by the marital communications privilege, since at the time of the disclosure, their marriage was still viable.
if Griffin had sent a letter to his wife not containing any privileged attorney-client or work-product material, prison authorities would have had the right to read the letter[, as t]here is no free-standing marital communications privilege...
that the marital communications privilege does not, and has never been
the confidential marital communications privilege (15)--had been
the marriage exception to the marital communications privilege. The
The general policy behind the marital communications privilege is
In the article Twenty-First Century Pillow Talk: Applicability of the Marital Communications Privilege to Electronic Mail, Mikah K.
Story, Twenty-First Century Pillow Talk: Applicability of the Marital Communications Privilege to Electronic Mail, 58 S.C.L.
This year's term addressed cases concerning the proper preservation of objections under MRE 103, (11) the independent source rule for the corroboration of a confession under MRE 304(g), (12) logical and legal relevance under MREs 401 (13) and 403, (14) uncharged misconduct under MRE 404(b), (15) sexual propensity evidence under MRE 413, (16) the joint-participant exception to the marital communications privilege
of MRE 504, (17) impeachment under MRE 613, (18) expert testimony under MREs 702 (19) and 704, (20) adoptive admissions and MRE 801(d)(2)(B), (21) the public records exception to the hearsay rule of MRE 803(8), (22) and statements against interest under MRE 804.
However, the marital communications privilege
, unlike the spousal testimonial privilege, survives death and divorce.
McCollum, (64) the CAAF continued its recent trend of strictly construing the marital communications privilege
against the government in favor of protecting marital communications, even when the communications involve the sexual abuse of a child.