marital privilege (Colorado) · Go Syfert
← Colorado issues

marital privilege in Colorado

22 Colorado opinions name it 2 courts 1981–2026 4 in the last five years

The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (29)

CaseFollowedCited
People v. Lucerogreen
colo · 1987 · cited in 4 Colorado opinions naming this issue, 1990–2026
2 sentences

2021People v. Lucero ¶33 We set forth the prevailing test for establishing a common law marriage in Colorado more than three decades ago in People v. Lucero , a criminal case in which the defendant objected to the admission of testimony from his alleged common law wife on grounds that it violated the marital privilege codified at section 13-90-107 (1) (a) , C.R.S. ( 1973 ) . 747 P.2d at 661–62 .

2021People v. Lucero ¶33 We set forth the prevailing test for establishing a common law marriage in Colorado more than three decades ago in People v. Lucero, a criminal case in which the defendant objected to the admission of testimony from his alleged common law wife on grounds that it violated the marital privilege codified at section 13-90-107(1)(a), C.R.S. (1973). 747 P.2d at 661–62.

14
In Re the Marriage of Bartologreen
coloctapp · 1998 · cited in 2 Colorado opinions naming this issue, 2004–2013
2 sentences

2013In reaching this conclusion, the Balanson court relied on In re Marriage of Bartolo, 971 P.2d 699, 700 (Colo.App.1998) in which a division of this court held that the trial court properly concluded that the marital presumption established in section 14-10-118(8), C.R.S.2012, had been overcome by clear and convincing evidence.

2013In reaching this conclusion, the Balanson court relied on In re Marriage of Bartolo, 971 P.2d 699, 700 (Colo.App.1998) in which a division of this court held that the trial court properly concluded that the marital presumption established in section 14-10-118(8), C.R.S.2012, had been overcome by clear and convincing evidence.

12
Petro-Lewis Corp. v. District Court, Fourth Judicial District, El Paso Countygreen
colo · 1986 · cited in 2 Colorado opinions naming this issue, 1991–2006
2 sentences

2006Court, 727 P.2d 41, 43 (Colo.1986)(“The testimonial provisions of the marital privilege are designed to protect the sanctity and tranquility of the marital relationship from the disruption attendant to adverse spousal testimony.”).

1991Citing Petro-Lewis Corp. v. District Court, 727 P.2d 41 (Colo.1986), defendant argues that the validity and scope of the marital privilege has been seriously questioned.

12
Clark v. District Court, Second Judicial District, City & County of Denvergreen
colo · 1983 · cited in 2 Colorado opinions naming this issue, 1987–1990
2 sentences

1990In Clark v. District Court, 668 P.2d 3 (Colo.1983), we discussed the circumstances under which the physician-patient privilege and the psychologist-client privilege may be waived.

1987Nothing in the record reflects that Everett learned of his wife’s age through a spousal communication, and the trial court was correct in concluding that the communication was not privileged under section 13-90-107. 3 See People v. Marquez, 692 P.2d 1089, 1095 (Colo.1984) (“the burden of establishing the applicability of the privilege rests upon the claimant of that privilege”); Clark v. District Court, 668 P.2d 3, 8 (Colo.1983) (same).

12
Loving v. Virginiagreen
scotus · 1967 · cited in 1 Colorado opinions naming this issue, 2021–2021
1 sentence

2021The right to marry has been recognized as fundamental, Loving v. Virginia, 388 U.S. 1, 12 (1967), and marriage has been the wellspring of other constitutionally protected rights, see, e.g., Skinner v. Oklahoma ex rel.

11
In Re the Marriage of Dalegreen
coloctapp · 2004 · cited in 1 Colorado opinions naming this issue, 2016–2016
1 sentence

2016The district court’s findings are insufficient for us to resolve this argument. ¶ 34 The marital presumption can be overcome by showing that the property was acquired by gift. § 14-10-113(2)(a); In re Marriage of Dale , 87 P.3d 219, 227 (Colo. App. 2003).

11
In Re Marriage of Moncriefgreen
coloctapp · 1975 · cited in 1 Colorado opinions naming this issue, 2013–2013
1 sentence

2013However, neither the Balanson nor the Bartolo court explained the derivation of the clear and convincing standard applied to overcome the marital presumption. 139 The Balanson court also discussed In re Marriage of Stumpf, 932 P.2d 845, 848 (Colo.App.1996), and In re Marriage of Moncrief, 36 Colo.App. 140 , 141, 535 P.2d 1137, 1138 (1975), regarding the marital presumption.

11
In Re the Marriage of Balansongreen
colo · 2001 · cited in 1 Colorado opinions naming this issue, 2013–2013
1 sentence

2013Judge TAUBMAN specially concurs. 1387 I agree with the majority's analysis and conclusion, but I write separately to suggest that the marital presumption should be that a third-party donor intended a gift to the marriage, and that such a gift is presumed marital absent a preponderance of evidence to the contrary. 138 As the majority notes, in In re Marriage of Balanson, 25 P.3d 28, 37 (Colo.2001), the supreme court held that when a spouse places separate property in joint ownership during the marriage, a presumption that the donor spouse intended a gift to the marriage arises, and such gifted

11
Page v. Clarkgreen
colo · 1979 · cited in 1 Colorado opinions naming this issue, 2013–2013
2 sentences

2013Similarly in Page, 197 Colo. at 317 n. 3, 592 P.2d at 799 n. 3, the supreme court noted that the burden of proof in actions in equity had been cited as "clear, strong, satisfactory, and convineing" (citing and abrogating Tourtelotte v. Brown, 4 Colo.App. 377 , 36 P. 73 (1894)), and similar formulations, all of which were tantamount to a clear and convincing standard. 483 Thus, the marital presumption as it had been applied in Balanson and earlier cases implicitly relied on the above-cited resulting and constructive trust cases which set forth a standard of proof equivalent to clear and convinc

2013Similarly in Page, 197 Colo. at 317 n. 3, 592 P.2d at 799 n. 3, the supreme court noted that the burden of proof in actions in equity had been cited as "clear, strong, satisfactory, and convineing" (citing and abrogating Tourtelotte v. Brown, 4 Colo.App. 377 , 36 P. 73 (1894)), and similar formulations, all of which were tantamount to a clear and convincing standard. 483 Thus, the marital presumption as it had been applied in Balanson and earlier cases implicitly relied on the above-cited resulting and constructive trust cases which set forth a standard of proof equivalent to clear and convinc

11
In Re Marriage of Altmangreen
coloctapp · 1974 · cited in 1 Colorado opinions naming this issue, 2013–2013
2 sentences

2013However, neither the Stumpf nor the Moncrief division discussed the clear and convincing standard to overcome the marital presumption. {40 The Moncrief division cited In re Marriage of Altman, 35 Colo.App. 183, 185 , 530 P.2d 1012, 1013 (1974), for the proposition that under the Uniform Dissolution of Marriage Act, when one spouse causes title to be placed jointly with the other spouse, a gift is presumed and the burden to show otherwise is upon the donor.

2013However, neither the Stumpf nor the Moncrief division discussed the clear and convincing standard to overcome the marital presumption. {40 The Moncrief division cited In re Marriage of Altman, 35 Colo.App. 183, 185 , 530 P.2d 1012, 1013 (1974), for the proposition that under the Uniform Dissolution of Marriage Act, when one spouse causes title to be placed jointly with the other spouse, a gift is presumed and the burden to show otherwise is upon the donor.

11
In Re the Marriage of Stumpfgreen
coloctapp · 1996 · cited in 1 Colorado opinions naming this issue, 2013–2013
1 sentence

2013However, neither the Balanson nor the Bartolo court explained the derivation of the clear and convincing standard applied to overcome the marital presumption. 139 The Balanson court also discussed In re Marriage of Stumpf, 932 P.2d 845, 848 (Colo.App.1996), and In re Marriage of Moncrief, 36 Colo.App. 140 , 141, 535 P.2d 1137, 1138 (1975), regarding the marital presumption.

11
People v. Garciagreen
colo · 1997 · cited in 1 Colorado opinions naming this issue, 2004–2004
1 sentence

2004Cf. People v. Garcia, 940 P.2d 357, 358 (Colo.1997)(for “the purpose of due process notice, the distinction between a sen-' tence enhancement factor and a statutory element of an offense is irrelevant when the factor is specifically alleged in the charging document”).

11
In Re Marriage of Bozarthgreen
colo · 1989 · cited in 1 Colorado opinions naming this issue, 2001–2001
2 sentences

2001See In re Marriage of Bozarth, 779 P.2d 1346, 1348 (Colo.1989)(stating that the marital privilege is a "statutory privilege"); see also People v. Thompson, 950 P.2d 608 (Colo.App.1997)(stating that the marital privilege developed from the common law without reference to any constitutional rights).

2001See In re Marriage of Bozarth, 779 P.2d 1346, 1348 (Colo.1989)(stating that the marital privilege is a "statutory privilege"); see also People v. Thompson, 950 P.2d 608 (Colo.App.1997)(stating that the marital privilege developed from the common law without reference to any constitutional rights).

11
People v. Thompsongreen
coloctapp · 1997 · cited in 1 Colorado opinions naming this issue, 2001–2001
2 sentences

2001See In re Marriage of Bozarth, 779 P.2d 1346, 1348 (Colo.1989)(stating that the marital privilege is a "statutory privilege"); see also People v. Thompson, 950 P.2d 608 (Colo.App.1997)(stating that the marital privilege developed from the common law without reference to any constitutional rights).

2001See In re Marriage of Bozarth, 779 P.2d 1346, 1348 (Colo.1989)(stating that the marital privilege is a "statutory privilege"); see also People v. Thompson, 950 P.2d 608 (Colo.App.1997)(stating that the marital privilege developed from the common law without reference to any constitutional rights).

11
Cummings v. Peoplegreen
colo · 1990 · cited in 1 Colorado opinions naming this issue, 1990–1990
1 sentence

1990See Cummings v. People, 785 P.2d 920, 926 (Colo.1990).

11
United States v. Donald J. Dien, Sanford S. Gendler, and Michael E. Dakotagreen
ca2 · 1979 · cited in 1 Colorado opinions naming this issue, 1990–1990
11
Simms v. Stategreen
wyo · 1972 · cited in 1 Colorado opinions naming this issue, 1990–1990
2 sentences

1990App.1984) (counsel waived privilege by asking spouse about defendant's criminal activity occurring after marriage); People v. Odmann, 160 Cal.App.2d 693 , 325 P.2d 495 (1958) (failure to object to spouse being called as a witness constituted a waiver of *927 the marital privilege); Simms v. State, 492 P.2d 516, 521 (Wyo.), cert. denied, 409 U.S. 886 , 93 S.Ct. 104 , 34 L.Ed.2d 142 (1972) (statement made by counsel at pretrial conference constituted an express waiver of the marital privilege).

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) (“Any marital privilege that may have existed was waived when appellant introduced his wife’s statements during cross-examination of the government witnesses.”); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

11
William Merle Canaday v. United Statesgreen
ca8 · 1966 · cited in 1 Colorado opinions naming this issue, 1990–1990
2 sentences

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) ("Any marital privilege that may have existed was waived when appellant introduced his wife's statements during cross-examination of the government witnesses."); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) (“Any marital privilege that may have existed was waived when appellant introduced his wife’s statements during cross-examination of the government witnesses.”); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

11
United States v. Floyd E. Burkhartgreen
ca6 · 1974 · cited in 1 Colorado opinions naming this issue, 1990–1990
2 sentences

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) ("Any marital privilege that may have existed was waived when appellant introduced his wife's statements during cross-examination of the government witnesses."); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) (“Any marital privilege that may have existed was waived when appellant introduced his wife’s statements during cross-examination of the government witnesses.”); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

11
Richards v. North Carolinagreen
scotus · 1975 · cited in 1 Colorado opinions naming this issue, 1990–1990
2 sentences

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) ("Any marital privilege that may have existed was waived when appellant introduced his wife's statements during cross-examination of the government witnesses."); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) (“Any marital privilege that may have existed was waived when appellant introduced his wife’s statements during cross-examination of the government witnesses.”); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

11
Segura v. Immigration & Naturalization Servicegreen
scotus · 1975 · cited in 1 Colorado opinions naming this issue, 1990–1990
2 sentences

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) ("Any marital privilege that may have existed was waived when appellant introduced his wife's statements during cross-examination of the government witnesses."); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) (“Any marital privilege that may have existed was waived when appellant introduced his wife’s statements during cross-examination of the government witnesses.”); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

11
Paulson v. Stategreen
alacrimapp · 1984 · cited in 1 Colorado opinions naming this issue, 1990–1990
2 sentences

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) ("Any marital privilege that may have existed was waived when appellant introduced his wife's statements during cross-examination of the government witnesses."); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) (“Any marital privilege that may have existed was waived when appellant introduced his wife’s statements during cross-examination of the government witnesses.”); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

11
People v. Marquezgreen
colo · 1984 · cited in 1 Colorado opinions naming this issue, 1987–1987
11
McAllister v. McAllistergreen
colo · 1922 · cited in 1 Colorado opinions naming this issue, 1986–1986
11
Archina v. Peoplegreen
colo · 1957 · cited in 1 Colorado opinions naming this issue, 1986–1986
11
United States v. Kahngreen
scotus · 1974 · cited in 1 Colorado opinions naming this issue, 1986–1986
11
United States v. Irving Kahn and Minnie Kahngreen
ca7 · 1973 · cited in 1 Colorado opinions naming this issue, 1986–1986
11
White v. District Courtgreen
colo · 1972 · cited in 1 Colorado opinions naming this issue, 1981–1981
11
White v. District Courtgreen
colo · 1972 · cited in 1 Colorado opinions naming this issue, 1981–1981
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Botkin v. Pylegreen
colo · 1932 · cited in 1 Colorado opinions naming this issue, 2013–2013
2 sentences

2013In Altman, the division relied on Botkin v. Pyle, 91 Colo. 221, 232 , 14 P.2d 187, 191 (1932), abrogated by Page v. Clark, 197 Colo. 306, 317-20 , 592 P.2d 792, 799-801 (1979), a case involving, among other things, the criteria for establishing a resulting trust, which is a trust that the court presumes to arise out of the transactions of parties, "as if one man pays the purchase[ Imoney for an estate, and the deed is taken in the name of another." Id. (quoting 1 Perry on Trusts and Trustees 17 (Tth ed.)). {41 The Botkin court held that "[where ... the husband acquires and pays for real proper

2013In Altman, the division relied on Botkin v. Pyle, 91 Colo. 221, 232 , 14 P.2d 187, 191 (1932), abrogated by Page v. Clark, 197 Colo. 306, 317-20 , 592 P.2d 792, 799-801 (1979), a case involving, among other things, the criteria for establishing a resulting trust, which is a trust that the court presumes to arise out of the transactions of parties, "as if one man pays the purchase[ Imoney for an estate, and the deed is taken in the name of another." Id. (quoting 1 Perry on Trusts and Trustees 17 (Tth ed.)). {41 The Botkin court held that "[where ... the husband acquires and pays for real proper

11

Also cited on this issue (27)

CaseCitedYears
People v. Worthington green
calctapp · 1974
2 sentences

1990For example, in People v. Worthington, 113 Cal.Rptr. 322 , 38 Cal.App.3d 359 (1974), the court held that the defendant impliedly waived the marital privilege when he testified that his wife had committed the murder for which he was charged.

1990For example, in People v. Worthington, 113 Cal.Rptr. 322 , 38 Cal.App.3d 359 (1974), the court held that the defendant impliedly waived the marital privilege when he testified that his wife had committed the murder for which he was charged.

21988–1990
People v. Christian green
colo · 1981
2 sentences

2026Id.

2026Id.

12026–2026
United States v. Windsor green
scotus · 2013
1 sentence

2021A couple’s marital status has implications in civil, domestic, and probate cases, and even plays a role in some criminal offenses.4 4For just a few examples of the legal consequences of marriage, see 8 U.S.C. § 1154 (2018) (permitting married U.S. citizens to petition for immigration status for their foreign-born spouses); 26 U.S.C. § 6013 (2018) (allowing married couples to file federal taxes jointly); 42 U.S.C. § 416 (2018) (providing federal old-age, survivors, and disability insurance benefits to spouses); § 13-90-107(1)(a), C.R.S. (2020) (establishing scope of the marital privilege); § 14

12021–2021
Tourtelotte v. Brown green
coloctapp · 1894
1 sentence

2013Similarly in Page, 197 Colo. at 317 n. 3, 592 P.2d at 799 n. 3, the supreme court noted that the burden of proof in actions in equity had been cited as "clear, strong, satisfactory, and convineing" (citing and abrogating Tourtelotte v. Brown, 4 Colo.App. 377 , 36 P. 73 (1894)), and similar formulations, all of which were tantamount to a clear and convincing standard. 483 Thus, the marital presumption as it had been applied in Balanson and earlier cases implicitly relied on the above-cited resulting and constructive trust cases which set forth a standard of proof equivalent to clear and convinc

12013–2013
People v. Cummings green
coloctapp · 1988
2 sentences

1990The court of appeals in People v. Cummings, 768 P.2d 718 (Colo.App. 1988), rejected his arguments.

1990The court of appeals in People v. Cummings, 768 P.2d 718 (Colo.App.1988), rejected his arguments.

11990–1990
People v. Odmann green
calctapp · 1958
2 sentences

1990App.1984) (counsel waived privilege by asking spouse about defendant's criminal activity occurring after marriage); People v. Odmann, 160 Cal.App.2d 693 , 325 P.2d 495 (1958) (failure to object to spouse being called as a witness constituted a waiver of *927 the marital privilege); Simms v. State, 492 P.2d 516, 521 (Wyo.), cert. denied, 409 U.S. 886 , 93 S.Ct. 104 , 34 L.Ed.2d 142 (1972) (statement made by counsel at pretrial conference constituted an express waiver of the marital privilege).

1990App.1984) (counsel waived privilege by asking spouse about defendant's criminal activity occurring after marriage); People v. Odmann, 160 Cal.App.2d 693 , 325 P.2d 495 (1958) (failure to object to spouse being called as a witness constituted a waiver of *927 the marital privilege); Simms v. State, 492 P.2d 516, 521 (Wyo.), cert. denied, 409 U.S. 886 , 93 S.Ct. 104 , 34 L.Ed.2d 142 (1972) (statement made by counsel at pretrial conference constituted an express waiver of the marital privilege).

11990–1990
United States v. Ramon Figueroa-Paz green
ca9 · 1972
2 sentences

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) ("Any marital privilege that may have existed was waived when appellant introduced his wife's statements during cross-examination of the government witnesses."); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) (“Any marital privilege that may have existed was waived when appellant introduced his wife’s statements during cross-examination of the government witnesses.”); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

11990–1990
New Jersey v. Woodard green
scotus · 1972
2 sentences

1990App.1984) (counsel waived privilege by asking spouse about defendant's criminal activity occurring after marriage); People v. Odmann, 160 Cal.App.2d 693 , 325 P.2d 495 (1958) (failure to object to spouse being called as a witness constituted a waiver of *927 the marital privilege); Simms v. State, 492 P.2d 516, 521 (Wyo.), cert. denied, 409 U.S. 886 , 93 S.Ct. 104 , 34 L.Ed.2d 142 (1972) (statement made by counsel at pretrial conference constituted an express waiver of the marital privilege).

1990See United States v. Dien, 609 F.2d 1038, 1044 (2d Cir.1979) (failure to invoke marital privilege at suppression hearing constituted a waiver of the privilege); United States v. Burkhart, 501 F.2d 993, 995 (6th Cir.1974), cert. denied, 420 U.S. 946 , 95 S.Ct. 1326 , 43 L.Ed.2d 424 (1975) (“Any marital privilege that may have existed was waived when appellant introduced his wife’s statements during cross-examination of the government witnesses.”); United States v. Figueroa-Paz, 468 F.2d 1055 (9th Cir.1972) (failure to make timely objection waived marital privilege); Canaday v. United States, 35

11990–1990
Crismon v. United States neutral
scotus · 1972
11990–1990
Rayer v. Rayer green
coloctapp · 1973
11989–1989
State v. Pendergras green
moctapp · 1981
11988–1988
Caldwell v. DIST. CT. IN AND FOR CITY, ETC. green
colo · 1982
11986–1986
United States v. Arnold J. Price, Charles R. Mitchell, William Pernar Mitchell, A/K/A Bill Mitchell, and Bobbi Mitchell green
ca9 · 1978
11986–1986
California v. Civil Aeronautics Board green
scotus · 1979
11986–1986
Todd v. Associated Credit Bureau Services, Inc. green
scotus · 1979
11986–1986
Mitchell v. United States green
scotus · 1979
11986–1986
United States v. Doe green
scotus · 1984
11986–1986
Hawkins v. United States green
scotus · 1958
11985–1985
People v. Corbett green
colo · 1983
11985–1985
Trammel v. United States green
scotus · 1980
11985–1985
Deutscher v. State green
nev · 1979
11984–1984
People v. Brown green
colo · 1981
11982–1982
People v. Vinnola green
colo · 1972
11981–1981
Stickler v. Tehan green
scotus · 1967
11981–1981
Columbia Bank for Cooperatives v. Lee green
scotus · 1967
11981–1981
Cutler v. American Federation of Musicians of the United States & Canada green
scotus · 1967
11981–1981
Jordan v. People green
colo · 1966
11981–1981

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 13-90-107 (14) CO § Colo. Rev. Stat. § 14-10-113 (5) CO § Colo. Rev. Stat. § 18-1-105 (4) CO § Colo. Rev. Stat. § 18-3-402 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 163 (1956–2026) NY 131 (1975–2025) NJ 71 (1967–2026) IL 57 (1979–2024) FL 45 (1976–2018) OH 40 (1985–2023) AL 38 (1978–2026) MN 34 (1961–2025) UT 34 (1995–2025) TN 27 (1978–2015) GA 24 (1983–2024) WA 23 (1953–2018) MO 23 (1979–2024) CO 22 (1981–2026) NC 20 (1995–2025) IN 20 (1975–2026) PA 20 (1935–2025) AZ 19 (1974–2018) WI 18 (1967–2024) TX 17 (1972–2022) MI 15 (1965–2023) MA 15 (1980–2025) DC 15 (1976–2015) CT 12 (1995–2023) KY 11 (1988–2022) MD 11 (1996–2021) VT 11 (1988–2026) VA 10 (1996–2016) KS 10 (1977–2023) OR 9 (1972–2023) IA 8 (1978–2025) ME 7 (1971–2022) LA 7 (2014–2024) WY 7 (1978–2008) OK 6 (1999–2006) NV 6 (1980–2020) NH 6 (1989–2006) MS 6 (2000–2025) AK 5 (1980–2018) ID 5 (1925–2009) RI 5 (1998–2017) NM 5 (2003–2022) SC 4 (2005–2018) HI 4 (2003–2026) ND 4 (1993–1997) WV 3 (1987–2018) SD 3 (1986–2003) VI 3 (1997–2025) MT 2 (1981–2021) DE 2 (1994–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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