Sexual Activity as a Confidential Marital Communication
Is having sex with your spouse “communication”? The court of appeals addressed this issue in State v. Godbey, a child sexual abuse case. The victim alleged that the defendant engaged […]
August 7, 2014
Asserting the Fifth Amendment in Court and the Granting of Immunity to a Witness
The first ten amendments to the U.S. Constitution are commonly known as the Bill of Rights and were ratified on December 15, 1791. It is remarkable how many of these […]
October 5, 2010
The Confidential Spousal Communication Privilege
It is hornbook law that “[a] confidential communication between husband and wife is privileged and neither spouse may be compelled to disclose it when testifying as a witness.” 1 Kenneth […]
August 25, 2009
Obtaining Medical Records under G.S. 8-53
I’ve received questions from both prosecutors and defense lawyers about whether and how the state can obtain a suspect’s — or a defendant’s — medical records when those records may […]
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