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

9 Louisiana opinions name it 1 courts 1986–2021 1 in the last five years

The cases below were cited by Louisiana 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 (2)

CaseFollowedCited
State v. Narcissegreen
lactapp · 1987 · cited in 1 Louisiana opinions naming this issue, 2011–2011
1 sentence

2011State v. Narcisse, 512 So.2d 565, 567-69 (La.App. 3 Cir.1987) (citing State v. Brown, 161 La. 704 , 109 So. 394 (1926)). .

11
State v. Pilchergreen
la · 1925 · cited in 1 Louisiana opinions naming this issue, 2011–2011
2 sentences

2011The supreme court has held that res gestae statements by a spouse are not excludable as part of the spousal privilege against testifying: “The declaration of a wife may be received as res gestae even where she would not be a competent witness against her husband.” State v. Pilcher, 158 La. 791 , 104 So. 717, 719 (1925). 1 Prohibitions against the introduction of other crimes and hearsay evidence do not apply to those crimes that were an integral or inseparable part (res gestae) of the crime for which the defendant is being prosecuted.

2011The supreme court has held that res gestae statements by a spouse are not excludable as part of the spousal privilege against testifying: “The declaration of a wife may be received as res gestae even where she would not be a competent witness against her husband.” State v. Pilcher, 158 La. 791 , 104 So. 717, 719 (1925). 1 Prohibitions against the introduction of other crimes and hearsay evidence do not apply to those crimes that were an integral or inseparable part (res gestae) of the crime for which the defendant is being prosecuted.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

CaseCitedYears
Ohio v. Roberts red
scotus · 1980
2 sentences

2005The trial court allowed the wife's statement into evidence by relying on Ohio v. Roberts, 448 U.S. 56 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 , which held that the right to confrontation did not bar the admission of an unavailable witness statement against a criminal defendant, if the statement bore an adequate "indicia of reliability," either through a firmly rooted hearsay exception or other particularized guarantees of trustworthiness.

2005The trial court allowed the wife's statement into evidence by relying on Ohio v. Roberts, 448 U.S. 56 , 100 S.Ct. 2531 , 65 L.Ed.2d 597 , which held that the right to confrontation did not bar the admission of an unavailable witness statement against a criminal defendant, if the statement bore an adequate "indicia of reliability," either through a firmly rooted hearsay exception or other particularized guarantees of trustworthiness.

22005–2005
State v. Bennett green
la · 1978
2 sentences

1987State v. Bennett, 357 So.2d 1136 (La.1978).

1986LSA-R.S. 15:461 provides: "Competent witness defined; those not compelled to testify The competent witness in any criminal proceeding, in court or before a person having authority to receive evidence, shall be a person of proper understanding, but; (1) Private conversations between husband and wife shall be privileged. (2) Neither husband nor wife shall be compelled to be a witness on any trial upon an indictment, complaint or other criminal proceeding, against the other. (3) In the trial of all indictments, complaints and other proceedings against persons charged with the commission of crimes

21986–1987
State v. Lilly green
lactapp · 2012
1 sentence

2021The court stated, " Even if the defendant and his wife never intended for the conversations to be disclosed, 22 the fact that they were aware that a third party could monitor or record their conversation destroyed the confidential nature of the communication." Lilly, 111 So. 3d at 57 .

12021–2021
State v. Brown green
la · 1926
2 sentences

2011State v. Narcisse, 512 So.2d 565, 567-69 (La.App. 3 Cir.1987) (citing State v. Brown, 161 La. 704 , 109 So. 394 (1926)). .

2011State v. Narcisse, 512 So.2d 565, 567-69 (La.App. 3 Cir.1987) (citing State v. Brown, 161 La. 704 , 109 So. 394 (1926)). .

12011–2011
Crawford v. Washington green
scotus · 2004
1 sentence

2005Id.

12005–2005
Phillips v. Water Towing, Inc. neutral
lactapp · 1993
1 sentence

1993This issue was recently addressed by a panel of this court in Phillips v. Water Towing, et al., 620 So.2d 1387 (La.App. 4th Cir. 1993).

11993–1993
State v. Day green
la · 1981
1 sentence

1991State v. Day, 400 So.2d 622 (La.1981).

11991–1991
State v. Perry green
la · 1982
1 sentence

1986State v. Jackson, supra; State v. Billiot, 421 So.2d 864 (La.1982); State v. Perry, supra. Moreover, in assignment of error No. 5 the defendant contends that the statements made to his wife violated the spousal privilege.

11986–1986
State v. Billiot green
la · 1982
1 sentence

1986State v. Jackson, supra; State v. Billiot, 421 So.2d 864 (La.1982); State v. Perry, supra. Moreover, in assignment of error No. 5 the defendant contends that the statements made to his wife violated the spousal privilege.

11986–1986
State v. Jackson green
la · 1984
1 sentence

1986State v. Jackson, supra; State v. Billiot, 421 So.2d 864 (La.1982); State v. Perry, supra. Moreover, in assignment of error No. 5 the defendant contends that the statements made to his wife violated the spousal privilege.

11986–1986

Statutes the citing opinions construe

LA § La. Rev. Stat. § 15:461 (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 39 (1984–2023) MI 28 (1980–2026) TX 23 (1986–2025) PA 23 (1976–2026) NY 22 (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) FL 10 (1995–2019) WA 10 (1991–2021) MO 10 (1961–2020) IN 9 (1978–2016) LA 9 (1986–2021) AL 8 (1988–2025) MT 8 (1982–2017) KY 8 (1985–2026) MS 8 (1996–2024) NV 7 (1979–2025) CT 5 (1987–2010) VA 4 (1982–2006) WY 4 (1983–2022) MN 4 (2002–2016) HI 4 (1997–2026) NC 4 (1979–2022) CO 3 (1989–2006) TN 3 (1995–2004) SD 3 (1990–2016) NM 3 (2018–2026) OR 3 (1984–2024) WV 3 (1988–2002) DC 3 (1992–2009) AK 3 (2010–2024) KS 3 (1983–2022) AR 2 (1999–2021) WI 2 (2002–2003) ND 2 (1997–1997) NH 2 (2006–2025) IA 2 (1994–2001) ME 2 (2017–2026)

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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