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  1. #11
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    Interesting ... according to several sources, it seems that MD DOES allow an accused spouse to assert spousal privilege under certain circumstances ... how very odd.

    Maryland can now force you to testify against your spouse/batterer on a charge of assault and battery if:

    - you are married to the batter AND the charge is the second offense within the same year AND you refused to testify when sworn in at a previous trial invoking "spousal privilege."

    or

    - if the charge involves the abuse of a child under 18.


    Personally, I think that is an ill thought out law, but it would seem that your interpretation of the DA's comment was correct.

    As to how they are going to prove their case, who can say? Maybe based upon statements, the disposition of the scene, other witnesses, neighbors, etc. It's impossible to say.

    - Carl

  2. #12
    Join Date
    Mar 2006
    Location
    Maryland
    Posts
    1

    Default

    Does the spousal privelege allow the exclusion of a police report filed by the spouse, affidavits, and any other evidence of one's spouse from trial? Does it only excuse the spouse from having to testify?

    Where can I find the info. on the detail of this privelege?

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