7 Alabama opinions name it 1 courts 1986–2025 2 in the last five years
The cases below were cited by Alabama 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.
| Case | Followed | Cited |
|---|---|---|
United States v. Jake Keller Nealgreen2 sentences2011“In United States v. Neal, 743 F.2d 1441, 1446 (10th Cir.1984), cert. denied, 470 U.S. 1086 , 105 S.Ct. 1848 , 85 L.Ed.2d 146 (1985), the court stated: “ ‘If ... the spouse who did not conspire to or participate in the commis sion of the crime nevertheless thereafter, with knowledge of the fact that the other spouse did commit the crime, actively, by overt acts, participates in the “fruits” of the crime or “covers up” evidence thereof by any means, then the marital communications privilege does not apply to protect the spouse who committed the crime from voluntary incriminating testimony of hi 1990In addressing this issue, Judge Patterson, writing for the Court, stated as follows: "In United States v. Neal, 743 F.2d 1441, 1446 (10th Cir.1984), cert. denied, 470 U.S. 1086 , 105 S.Ct. 1848 , 85 L.Ed.2d 146 (1985), the court stated: "`If ... the spouse who did not conspire to or participate in the commission of the crime nevertheless thereafter, with knowledge of the fact that the other spouse did commit the crime, actively, by overt acts, participates in the "fruits" of the crime or "covers up" evidence thereof by any means, then the marital communications privilege does not apply to prot | 4 | 4 |
State v. Terrygreen2 sentences2025Super. 587, 603 , 66 A. 3d 177, 187 (2013) ("Indeed, all eleven federal circuits that have faced the issue have concluded that communications between spouses jointly engaging in criminal activity are excluded from the marital communications privilege."); United States v. Byrd, 750 F.2d 585, 589 (7th Cir. 1984) ("The 'joint participants' exception holds that the privilege does not apply where the spouses are both participants in the crime at issue."). 2025Super. 587, 603 , 66 A. 3d 177, 187 (2013) ("Indeed, all eleven federal circuits that have faced the issue have concluded that communications between spouses jointly engaging in criminal activity are excluded from the marital communications privilege."); United States v. Byrd, 750 F.2d 585, 589 (7th Cir. 1984) ("The 'joint participants' exception holds that the privilege does not apply where the spouses are both participants in the crime at issue."). | 2 | 2 |
United States v. Cornell Byrdgreen2 sentences2025Super. 587, 603 , 66 A. 3d 177, 187 (2013) ("Indeed, all eleven federal circuits that have faced the issue have concluded that communications between spouses jointly engaging in criminal activity are excluded from the marital communications privilege."); United States v. Byrd, 750 F.2d 585, 589 (7th Cir. 1984) ("The 'joint participants' exception holds that the privilege does not apply where the spouses are both participants in the crime at issue."). 2025Super. 587, 603 , 66 A. 3d 177, 187 (2013) ("Indeed, all eleven federal circuits that have faced the issue have concluded that communications between spouses jointly engaging in criminal activity are excluded from the marital communications privilege."); United States v. Byrd, 750 F.2d 585, 589 (7th Cir. 1984) ("The 'joint participants' exception holds that the privilege does not apply where the spouses are both participants in the crime at issue."). | 2 | 2 |
United States v. Irving Kahn and Minnie Kahngreen1 sentence2011We held: “The confidential communications privilege is based on the premise of preservation of the family. ‘The privilege for confidential marital communications is thought to do this by encouraging the spouses to be frank and open with each other by protecting marital privacy.’ United States v. Van Drunen, 501 F.2d 1393, 1396 (7th Cir.), cert. denied, 419 U.S. 1091 , 95 S.Ct. 684 , 42 L.Ed.2d 684 (1974) (citing United States v. Kahn, 471 F.2d 191, 194 (7th Cir. 1972), cert. denied, 411 U.S. 986 , 93 S.Ct. 2271 , 36 L.Ed.2d 964 (1973), rev’d on other grounds, 415 U.S. 143 , 94 S.Ct. 977 , 39 L | 1 | 1 |
United States v. Newton P. Van Drunengreen1 sentence2011We held: “The confidential communications privilege is based on the premise of preservation of the family. ‘The privilege for confidential marital communications is thought to do this by encouraging the spouses to be frank and open with each other by protecting marital privacy.’ United States v. Van Drunen, 501 F.2d 1393, 1396 (7th Cir.), cert. denied, 419 U.S. 1091 , 95 S.Ct. 684 , 42 L.Ed.2d 684 (1974) (citing United States v. Kahn, 471 F.2d 191, 194 (7th Cir. 1972), cert. denied, 411 U.S. 986 , 93 S.Ct. 2271 , 36 L.Ed.2d 964 (1973), rev’d on other grounds, 415 U.S. 143 , 94 S.Ct. 977 , 39 L | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ballard v. Virginia
green
2 sentences2011“In United States v. Neal, 743 F.2d 1441, 1446 (10th Cir.1984), cert. denied, 470 U.S. 1086 , 105 S.Ct. 1848 , 85 L.Ed.2d 146 (1985), the court stated: “ ‘If ... the spouse who did not conspire to or participate in the commis sion of the crime nevertheless thereafter, with knowledge of the fact that the other spouse did commit the crime, actively, by overt acts, participates in the “fruits” of the crime or “covers up” evidence thereof by any means, then the marital communications privilege does not apply to protect the spouse who committed the crime from voluntary incriminating testimony of hi 1990In addressing this issue, Judge Patterson, writing for the Court, stated as follows: "In United States v. Neal, 743 F.2d 1441, 1446 (10th Cir.1984), cert. denied, 470 U.S. 1086 , 105 S.Ct. 1848 , 85 L.Ed.2d 146 (1985), the court stated: "`If ... the spouse who did not conspire to or participate in the commission of the crime nevertheless thereafter, with knowledge of the fact that the other spouse did commit the crime, actively, by overt acts, participates in the "fruits" of the crime or "covers up" evidence thereof by any means, then the marital communications privilege does not apply to prot | 4 | 1986–2011 |
Galloway v. Allsbrook
green
2 sentences2011“In United States v. Neal, 743 F.2d 1441, 1446 (10th Cir.1984), cert. denied, 470 U.S. 1086 , 105 S.Ct. 1848 , 85 L.Ed.2d 146 (1985), the court stated: “ ‘If ... the spouse who did not conspire to or participate in the commis sion of the crime nevertheless thereafter, with knowledge of the fact that the other spouse did commit the crime, actively, by overt acts, participates in the “fruits” of the crime or “covers up” evidence thereof by any means, then the marital communications privilege does not apply to protect the spouse who committed the crime from voluntary incriminating testimony of hi 1990In addressing this issue, Judge Patterson, writing for the Court, stated as follows: "In United States v. Neal, 743 F.2d 1441, 1446 (10th Cir.1984), cert. denied, 470 U.S. 1086 , 105 S.Ct. 1848 , 85 L.Ed.2d 146 (1985), the court stated: "`If ... the spouse who did not conspire to or participate in the commission of the crime nevertheless thereafter, with knowledge of the fact that the other spouse did commit the crime, actively, by overt acts, participates in the "fruits" of the crime or "covers up" evidence thereof by any means, then the marital communications privilege does not apply to prot | 4 | 1986–2011 |
Neal v. United States
green
2 sentences2011“In United States v. Neal, 743 F.2d 1441, 1446 (10th Cir.1984), cert. denied, 470 U.S. 1086 , 105 S.Ct. 1848 , 85 L.Ed.2d 146 (1985), the court stated: “ ‘If ... the spouse who did not conspire to or participate in the commis sion of the crime nevertheless thereafter, with knowledge of the fact that the other spouse did commit the crime, actively, by overt acts, participates in the “fruits” of the crime or “covers up” evidence thereof by any means, then the marital communications privilege does not apply to protect the spouse who committed the crime from voluntary incriminating testimony of hi 1990In addressing this issue, Judge Patterson, writing for the Court, stated as follows: "In United States v. Neal, 743 F.2d 1441, 1446 (10th Cir.1984), cert. denied, 470 U.S. 1086 , 105 S.Ct. 1848 , 85 L.Ed.2d 146 (1985), the court stated: "`If ... the spouse who did not conspire to or participate in the commission of the crime nevertheless thereafter, with knowledge of the fact that the other spouse did commit the crime, actively, by overt acts, participates in the "fruits" of the crime or "covers up" evidence thereof by any means, then the marital communications privilege does not apply to prot | 2 | 1990–2011 |
State v. Browder
green
2 sentences1991State v. Browder, 486 So.2d 504 (Ala.Cr.App.1986). 1987The trial court initially relied on Arnold v. State, 353 So.2d 524 (Ala.1977) in reaching that decision This court in its opinion in Browder, supra, overruled this determination and stated as follows: “In United States v. Neal, 743 F.2d 1441, 1446 (10th Cir.1984), cert. denied, [470] U.S. [1086], 105 S.Ct. 1848 , 85 L.Ed.2d 146 (1985), the court stated ‘If ... the spouse who did not conspire to or participate in the commission of the crime nevertheless thereafter, with knowledge of the fact that the other spouse did commit the crime, actively, by overt acts, participates in the “fruits” of the | 2 | 1987–1991 |
United States v. Kahn
green
2 sentences2011We held: “The confidential communications privilege is based on the premise of preservation of the family. ‘The privilege for confidential marital communications is thought to do this by encouraging the spouses to be frank and open with each other by protecting marital privacy.’ United States v. Van Drunen, 501 F.2d 1393, 1396 (7th Cir.), cert. denied, 419 U.S. 1091 , 95 S.Ct. 684 , 42 L.Ed.2d 684 (1974) (citing United States v. Kahn, 471 F.2d 191, 194 (7th Cir. 1972), cert. denied, 411 U.S. 986 , 93 S.Ct. 2271 , 36 L.Ed.2d 964 (1973), rev’d on other grounds, 415 U.S. 143 , 94 S.Ct. 977 , 39 L 2011We held: “The confidential communications privilege is based on the premise of preservation of the family. ‘The privilege for confidential marital communications is thought to do this by encouraging the spouses to be frank and open with each other by protecting marital privacy.’ United States v. Van Drunen, 501 F.2d 1393, 1396 (7th Cir.), cert. denied, 419 U.S. 1091 , 95 S.Ct. 684 , 42 L.Ed.2d 684 (1974) (citing United States v. Kahn, 471 F.2d 191, 194 (7th Cir. 1972), cert. denied, 411 U.S. 986 , 93 S.Ct. 2271 , 36 L.Ed.2d 964 (1973), rev’d on other grounds, 415 U.S. 143 , 94 S.Ct. 977 , 39 L | 1 | 2011–2011 |
Pennsylvania v. Lopinson
green
1 sentence2011We held: “The confidential communications privilege is based on the premise of preservation of the family. ‘The privilege for confidential marital communications is thought to do this by encouraging the spouses to be frank and open with each other by protecting marital privacy.’ United States v. Van Drunen, 501 F.2d 1393, 1396 (7th Cir.), cert. denied, 419 U.S. 1091 , 95 S.Ct. 684 , 42 L.Ed.2d 684 (1974) (citing United States v. Kahn, 471 F.2d 191, 194 (7th Cir. 1972), cert. denied, 411 U.S. 986 , 93 S.Ct. 2271 , 36 L.Ed.2d 964 (1973), rev’d on other grounds, 415 U.S. 143 , 94 S.Ct. 977 , 39 L | 1 | 2011–2011 |
Richardson v. Hamilton International Corp.
green
1 sentence2011We held: “The confidential communications privilege is based on the premise of preservation of the family. ‘The privilege for confidential marital communications is thought to do this by encouraging the spouses to be frank and open with each other by protecting marital privacy.’ United States v. Van Drunen, 501 F.2d 1393, 1396 (7th Cir.), cert. denied, 419 U.S. 1091 , 95 S.Ct. 684 , 42 L.Ed.2d 684 (1974) (citing United States v. Kahn, 471 F.2d 191, 194 (7th Cir. 1972), cert. denied, 411 U.S. 986 , 93 S.Ct. 2271 , 36 L.Ed.2d 964 (1973), rev’d on other grounds, 415 U.S. 143 , 94 S.Ct. 977 , 39 L | 1 | 2011–2011 |
Agnew v. United States
green
1 sentence2011We held: “The confidential communications privilege is based on the premise of preservation of the family. ‘The privilege for confidential marital communications is thought to do this by encouraging the spouses to be frank and open with each other by protecting marital privacy.’ United States v. Van Drunen, 501 F.2d 1393, 1396 (7th Cir.), cert. denied, 419 U.S. 1091 , 95 S.Ct. 684 , 42 L.Ed.2d 684 (1974) (citing United States v. Kahn, 471 F.2d 191, 194 (7th Cir. 1972), cert. denied, 411 U.S. 986 , 93 S.Ct. 2271 , 36 L.Ed.2d 964 (1973), rev’d on other grounds, 415 U.S. 143 , 94 S.Ct. 977 , 39 L | 1 | 2011–2011 |
Bryant v. Nelson
green
1 sentence2011We held: “The confidential communications privilege is based on the premise of preservation of the family. ‘The privilege for confidential marital communications is thought to do this by encouraging the spouses to be frank and open with each other by protecting marital privacy.’ United States v. Van Drunen, 501 F.2d 1393, 1396 (7th Cir.), cert. denied, 419 U.S. 1091 , 95 S.Ct. 684 , 42 L.Ed.2d 684 (1974) (citing United States v. Kahn, 471 F.2d 191, 194 (7th Cir. 1972), cert. denied, 411 U.S. 986 , 93 S.Ct. 2271 , 36 L.Ed.2d 964 (1973), rev’d on other grounds, 415 U.S. 143 , 94 S.Ct. 977 , 39 L | 1 | 2011–2011 |
Arnold v. State
green
1 sentence1987The trial court initially relied on Arnold v. State, 353 So.2d 524 (Ala.1977) in reaching that decision This court in its opinion in Browder, supra, overruled this determination and stated as follows: “In United States v. Neal, 743 F.2d 1441, 1446 (10th Cir.1984), cert. denied, [470] U.S. [1086], 105 S.Ct. 1848 , 85 L.Ed.2d 146 (1985), the court stated ‘If ... the spouse who did not conspire to or participate in the commission of the crime nevertheless thereafter, with knowledge of the fact that the other spouse did commit the crime, actively, by overt acts, participates in the “fruits” of the | 1 | 1987–1987 |
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.