spousal privilege (Florida) · Go Syfert
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spousal privilege in Florida

10 Florida opinions name it 3 courts 1995–2019 0 in the last five years

The cases below were cited by Florida 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 (5)

CaseFollowedCited
Bolin v. Stategreen
fla · 1995 · cited in 3 Florida opinions naming this issue, 1997–2013
2 sentences

2013See also Bolin I, 650 So.2d at 23 (“The testimony of Bolin’s former spouse regarding her observations of Bo-lin’s alleged criminal activity was admissible and may be admitted in the new trial.”); Bolin II, 793 So.2d at 897, n. 3 (“The spousal privilege only applies to confidential communications.

2001See Bolin v. State, 650 So.2d 21 (Fla.1995) (hereinafter Bolin I ).

23
Waite v. Waitegreen
fla · 1993 · cited in 2 Florida opinions naming this issue, 1999–2019
2 sentences

2019The supreme court abrogated the spousal immunity doctrine in Waite v. Waite, 618 So. 2d 1360 (Fla. 1993).

1999See Waite v. Waite, 618 So.2d 1360 (Fla. 1993). [9] "Procrustes was a robber of Attica, who placed all who fell into his hands upon an iron bed.

12
Sturiano v. Brooksgreen
fla · 1988 · cited in 1 Florida opinions naming this issue, 2019–2019
1 sentence

2019See Sturiano v. Brooks, 523 So. 2d 1126, 1128 (Fla. 1988) ("Actions between spouses must be barred when the policy reasons for maintaining the doctrine exist, such as the fear of disruption of the family or other marital discord, or the possibility of fraud or collusion.").

11
Bolin v. Stategreen
fla · 2001 · cited in 1 Florida opinions naming this issue, 2013–2013
1 sentence

2013See also Bolin I, 650 So.2d at 23 (“The testimony of Bolin’s former spouse regarding her observations of Bo-lin’s alleged criminal activity was admissible and may be admitted in the new trial.”); Bolin II, 793 So.2d at 897, n. 3 (“The spousal privilege only applies to confidential communications.

11
Thurman v. Commonwealthgreen
ky · 1998 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008See, e.g., Thurman v. Commonwealth, 975 S.W.2d 888, 897 (Ky.1998) (holding that telephone records showing that a telephone call had been made between spouses did not implicate the spousal privilege where the content of the conversation was not revealed).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Bolin v. State green
fla · 1994
2 sentences

1995In accord with our decision in Bolin v. State, 642 So.2d 540 (Fla. 1994) (hereinafter Bolin I ), we hold that evidence protected by the spousal privilege was improperly admitted in this case.

1995However, in Bolin v. State, 642 So.2d 540 (Fla. 1994), we reversed the Circuit Court of Hillsborough County and held that the trial court erred in its ruling that the discovery deposition had waived the spousal privilege.

21995–1995
United States v. Zolin green
scotus · 1989
2 sentences

2016In particular, as the state elaborated at oral argument, the state contends that, because the Supreme Court looked to United States v. Zolin, 491 US 554 , 109 S Ct 2619 , 105 L Ed 2d 469 (1989), inFrease to determine the necessary threshold showing for an in camera review, the Supreme Court implicitly adopted the abuse of discretion standard of review applied by the United States Supreme Court in Zolin .

2016In particular, as the state elaborated at oral argument, the state contends that, because the Supreme Court looked to United States v. Zolin, 491 US 554 , 109 S Ct 2619 , 105 L Ed 2d 469 (1989), inFrease to determine the necessary threshold showing for an in camera review, the Supreme Court implicitly adopted the abuse of discretion standard of review applied by the United States Supreme Court in Zolin .

12016–2016
Kerlin v. State green
fla · 1977
2 sentences

2013Finally, Bolin contends that to properly preserve the spousal privilege, this Court should reconsider its holding in Kerlin v. State, 352 So.2d 45 (Fla.1977), in which this Court found that observation of actions does not violate spousal privilege.

2013Finally, Bolin contends that to properly preserve the spousal privilege, this Court should reconsider its holding in Kerlin v. State, 352 So.2d 45 (Fla.1977), in which this Court found that observation of actions does not violate spousal privilege.

12013–2013
Mosley v. State green
fla · 2009
1 sentence

2009Weekly S468 , - So.3d -, 2009 WL 2045387 (Fla. July 16, 2009) (holding that defendant waived the spousal privilege because he did not have a reasonable expectation of privacy in a telephone conversation placed while incarcerated after receiving multiple warnings that the call would be monitored and recorded).

12009–2009
Ard v. Ard green
fla · 1982
1 sentence

1999Ard v. Ard, 414 So.2d 1066 (Fla. 1982). [8] The spousal immunity doctrine has since been abrogated.

11999–1999

Statutes the citing opinions construe

FL § 90.504 (4) FL § 90.507 (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

OH 38 (1984–2023) MI 28 (1980–2026) TX 23 (1986–2025) PA 22 (1976–2024) NY 21 (1986–2026) CA 20 (1967–2025) MD 19 (1980–2020) NJ 17 (1983–2021) GA 14 (1983–2020) MA 11 (1982–2018) IL 11 (1987–2018) MO 10 (1961–2020) WA 10 (1991–2021) FL 10 (1995–2019) IN 9 (1978–2016) LA 9 (1986–2021) KY 8 (1985–2026) AL 8 (1988–2025) MT 8 (1982–2017) MS 8 (1996–2024) NV 7 (1979–2025) CT 5 (1987–2010) VA 4 (1982–2006) NC 4 (1979–2022) MN 4 (2002–2016) WY 4 (1983–2022) NM 3 (2018–2026) CO 3 (1989–2006) DC 3 (1992–2009) HI 3 (1997–2018) AK 3 (2010–2024) KS 3 (1983–2022) WV 3 (1988–2002) SD 3 (1990–2016) TN 3 (1995–2004) OR 2 (1984–2024) NH 2 (2006–2025) ME 2 (2017–2026) IA 2 (1994–2001) WI 2 (2002–2003) ND 2 (1997–1997) AR 2 (1999–2021)

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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