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First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege
by Matt Clarke
The U.S. Court of Appeals for the First Circuit declined to recognize a joint participation exception to the spousal testimonial privilege for married criminal co-conspirators. In deciding upon this issue of first impression in the circuit, the Court affirmed the district court’s determination that such an exception ...
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More from this issue:
- Jurors Showing More and More Savvy Toward Trial Evidence, by Edward Lyon
- News in Brief
- Minnesota Sees Rising Tide of Payouts for Epidemic of Police Misconduct, by Derek Gilna
- Government Snitches: Incentivized Witnesses Are the Leading Cause of Wrongful Convictions, by Dale Chappell
- NYPD Gang Database Lacks Transparency, Limits Due Process, by Kevin Bliss
- $175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer
- Study: Racial Bias Inherent in the Jury Selection Process, by Kevin Bliss
- Agencies: Bite-mark Forensics Outdated Science, by Kevin Bliss
- Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool, by Virginia Griese
- San Francisco DA Candidate Chesa Boudin Puts Criminal Justice Reform Front and Center
- New California Laws Peel Back Secrecy Surrounding Police Discipline Amid Pushback, by Betty Nelander
- Facebook Tells Law Enforcement to Quit Using Phony Accounts, by Dale Chappell
- ‘Ban the Box’ Movement Expands in New Direction, by Edward Lyon
- Forensic Entomology Helps Nevada Murder Convictee Get Exonerated After 17 Years in Prison, by Edward Lyon
- Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
- NY Election Websites Tell Parolees They Can’t Vote, Even Though They Can, by Dale Chappell
- Police Use of ‘Undercover Friending’ Investigative Technique Unregulated, by Kevin Bliss
- Nebraska Supreme Court Clarifies Applicable Standard for Mandatory Testing Under DNA Testing Act, Reverses District Court for Applying Wrong Standard, by Chad Marks
- Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury, by Christopher Zoukis
- Sexual Assaults and Harassment by Members of Los Angeles County Sheriff’s Department Costing Taxpayers Millions, by Edward Lyon
- Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering, by Punch & Jurists
- Bronx Prosecutors Trained to Manipulate System to Delay Trials, by Matthew Clarke
- Deputy U.S. Attorney General Rosenstein Defends Junk Science Forensics, by Matthew Clarke
- SCOTUS Clarifies Scope of Generic Burglary Under the ACCA, by Richard Resch
- Report: Wisconsin Crime Labs Face Multitude of Problems, by Edward Lyon
- Custodial Interrogation Must Cease When Suspect Unambiguously Invokes Right to Remain Silent, Says Fourth Circuit, by Douglas Ankney
- Fifth Circuit: Introduction of Deposition Video Without Making Good-Faith Effort to Secure Witnesses’ Presence at Trial Violates Confrontation Clause, by Douglas Ankney
- Oklahoma Supreme Court Announces Drug Court Dismissal of Charges After Successful Completion of Drug Program Entitles Defendant to Immediate Expungement, by Douglas Ankney
- Texas Court of Criminal Appeals Clarifies Proper Evidentiary Standard and Type of Evidence for Informal Competency Hearing, by Christopher Zoukis
- Third Circuit Orders Habeas Relief Based on Trial Counsel’s Failure to Present or Even Investigate Mental Health and Juvenile Records in Pennsylvania Death Penalty Case, by Matthew Clarke
- Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation, by Mark Wilson
- Sixth Circuit Reverses 60-Month Upward Variance Sentence Based on News Article Provided to Parties by Court at Beginning of Sentencing Hearing, by Matthew Clarke
- Ninth Circuit Announces Expert Testimony on Battered Woman Syndrome Not Categorically Excludable, Relevant to Duress Defense, by Richard Resch
- Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment, by David Reutter
- SCOTUS: Florida’s Robbery Statute Satisfies Physical Force Requirement of Armed Career Criminal Act, by Douglas Ankney
- Idaho Supreme Court: Temporary and Isolated Crossing of the ‘Fog Line’ Not Enough to Support a Traffic Stop, by Christopher Zoukis
- Louisiana Supreme Court Vacates Conviction for Batson Violation, by Christopher Zoukis
- First Circuit Announces No Joint Participation Exception to Spousal Testimonial Privilege, by Matthew Clarke
- Minnesota Supreme Court Holds Sentencing Guidelines at Time of Offense, Not Time of Sentencing, Controls for Purposes of Calculating Criminal History Score, by Matthew Clarke
- Eighth Circuit Rules Search Warrant Based on Affidavit That Failed to Link Target to Criminal Activity Lacked Probable Cause, Not Saved by Good-Faith Exception, by David Reutter
- Seventh Circuit Reverses Denial of a Certificate of Innocence Needed as a Prerequisite for Damages for an Unjust Conviction and Imprisonment, by Punch & Jurists
- California Court of Appeal: Using Criminal Process to Collect Fines That Indigent Defendants Cannot Pay Is Unconstitutional, by Douglas Ankney
- Ninth Circuit Announces SCOTUS’ Rodriguez Opinion Requires Overturning ‘Reasonableness Standard’ Precedent in Traffic Stop Prolongation Cases, by Richard Resch
- U.S. Government Lab Withheld Groundbreaking Study for 5 Years That Can Help Defendants Question the Reliability of Certain DNA Evidence, by Steve Horn
- Cops Are At War Out There, by Jacobin, Brian Platt
- New York Mass Bail Out Action Targets Bail System Manipulation, by Virginia Griese
- From the Editor, by Richard Resch
More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- California Prisoner Wins Round Before Magistrate in Lawsuit Over Marriage Application Delayed Two Years, Dec. 15, 2024. Disclosure of Records, Visiting, Marriage.
- Third Circuit Unhappy with Federal Detainee’s Denied Marriage Request at Pennsylvania GEO Group Lockup, April 1, 2024. GEO Group/Wackenhut, Religious Freedom Restoration Act, Marriage, Public versus Private Employees, State Actions.
- Third Circuit Reinstates Claims by Immigration Detainee in GEO-Operated Prison Seeking to Marry U.S. Citizen, Dec. 1, 2020. GEO Group/Wackenhut, Marriage, Immigration Detention.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.
- Beltway Sniper Marries in Prison, Oct. 1, 2020. Marriage.
- Magistrate Judge Must Have Jurisdiction Prior to Entering Final Judgment, Nov. 6, 2018. Civil Procedure, Appeals.
- Maryland Court of Appeals Announces Proper Procedure for In Banc Review, Oct. 31, 2018. Civil Procedure, Appeals.
- Kentucky Law Requiring Abused Spouse to Pay for Abuser’s Divorce Attorney Abolished, Oct. 8, 2018. Attorneys, State Legislation, Marriage.
- FRCP Rule 25 Allows for Extension of Time to Substitute Party Upon Death, Aug. 8, 2018. Civil Procedure.
- Prison Excessive Force Cases: A Primer, July 25, 2018. Injury -- Misc., Eighth Amendment, Attorneys, Excessive Force, Guard Brutality/Beatings, Civil Procedure, Eleventh Amendment Immunity, Fourteenth Amendment, rights.