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· 1/15/1985

United States v. Cornell Byrd

Citations

  • 750 F.2d 585

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “Accordingly, we reject the government’s argument that where the communications are made in a ‘deteriorated marriage,’ the communications privilege cannot apply.”
  • finding, in dicta, that the joint participation exception did not apply where the defendant’s wife was not indicted, was not an unindicted coconspirator, was not involved in the crime, and cooperated with the government
  • the survival of the privilege after divorce assures spouses that their marital communications will never be disclosed
  • \The 'joint participants' exception holds that the privilege does not apply where the spouses are both participants in the crime at issue.\
  • \The 'joint participants' exception holds that the privilege does not apply where the spouses are both participants in the crime at issue.\
  • “Despite the importance of these privileges, the Supreme Court has held that they must be narrowly construed because they are in derogation of the search for truth which lies at the heart of a criminal trial.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cummings, Bauer, Posner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.