CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Marital Privileges
.........Confidential Marital Communications
............Exceptions & Limitations: Cases
 14 Cards On This Topic:
  • Abuse of discretion to admit wife's testimony against D over marital privilege objection, but error harmless; White "functional equivalent of children" exception did not apply to their grandchild, the subject of D's porn video.
  • Inmate D could not protect from disclosure to govt as privileged marital communications portions of his letters to his wife/attorney he improperly included in envelopes addressed to "Attorney at Law."
  • Wife’s observing D wearing watch and possessing cocaine did not come under marital communications privilege, which applies only oral or verbal expression.
  • Wife’s statement did not come under confidential marital communication privilege where facts showed D told similar things to others and did not intend to keep the communication secret.
  • Marital communications privilege does not apply in Cal. trial where criteria for valid Tex. common law marriage not met.
  • Marital communications privilege does not apply in law enforcement administrative investigations and hearings.
  • Marital communication privilege does not apply to surreptitiously-taped jailhouse conversation made to obstruct justice (Evid. Code §981) or waived by implied disclosure (Evid. Code §912).
  • Court correctly found under Evid. Code §973 that W, having testified against husband at prelim, was not privileged to refuse to testify against him at trial.
  • Court may order jury view of place where crime committed or material fact occurred, or personal property referred to in evidence which is inconvenient to bring into court.
  • Marital communication privilege does not extend to physical facts which are observed which do not constitute communications.
  • Child who saw videotape inadmissible under marital privilege deemed eavesdropper and allowed to testify re what she saw.
  • Threats to third parties made by D while criminally victimizing spouse not "confidential communications" protected under marital privilege.
  • Confidential communication privilege inapplicable where marriage illegal and void.
  • Threats against spouse and spouse's children not protected by marital communications privilege b/c inconsistent with policies underlying privilege.


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