testimonial privilege (Idaho) · Go Syfert
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testimonial privilege in Idaho

7 Idaho opinions name it 2 courts 1977–2026 1 in the last five years

The cases below were cited by Idaho 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 (1)

CaseFollowedCited
McCray v. Illinoisgreen
scotus · 1967 · cited in 1 Idaho opinions naming this issue, 1986–1986
2 sentences

1986See McCray v. Illinois, 386 U.S. 300 , 87 S.Ct. 1056 , 18 L.Ed.2d 62 (1967).

1986See McCray v. Illinois, 386 U.S. 300 , 87 S.Ct. 1056 , 18 L.Ed.2d 62 (1967).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Branzburg v. Hayes green
scotus · 1972
2 sentences

1985No matter how one may attempt to interpret Branzburg , the opinion of the Court of four Justices, specially concurred in by a fifth, states, 408 U.S. at 689-690 , 92 S.Ct. at 2661 : “Until now the only testimonial privilege for unofficial witnesses that is rooted in the Federal Constitution is the Fifth Amendment privilege against compelled self-incrimination.

1985No matter how one may attempt to interpret Branzburg , the opinion of the Court of four Justices, specially concurred in by a fifth, states, 408 U.S. at 689-690 , 92 S.Ct. at 2661 : “Until now the only testimonial privilege for unofficial witnesses that is rooted in the Federal Constitution is the Fifth Amendment privilege against compelled self-incrimination.

21985–1996
Crawford v. Washington green
scotus · 2004
1 sentence

2026Crawford v. Washington, 541 U.S. 36 (2004).

12026–2026
Namet v. United States green
scotus · 1963
2 sentences

1989First, the deprivation may be “based upon a concept of prosecutorial misconduct, when the government makes a conscious and flagrant attempt to build its case out of inferences arising from use of the testimonial privilege.” Namet v. United States, 373 U.S. 179, 186 , 83 S.Ct. 1151, 1154 , 10 L.Ed.2d 278 (1963).

1989First, the deprivation may be “based upon a concept of prosecutorial misconduct, when the government makes a conscious and flagrant attempt to build its case out of inferences arising from use of the testimonial privilege.” Namet v. United States, 373 U.S. 179, 186 , 83 S.Ct. 1151, 1154 , 10 L.Ed.2d 278 (1963).

11989–1989
McClellan v. State neutral
idaho · 1979
2 sentences

1984In McClellan v. State, 100 Idaho 682 , 603 P.2d 1016 (1979), it held that “[t]he statute creates only a testimonial privilege and does not affect the admissibility of non-testimonial statements otherwise admissible which were made by the spouse of a criminal defendant.” Id. (emphasis in original.) However, in that case, the defendant’s wife had actually testified at trial.

1984In McClellan v. State, 100 Idaho 682 , 603 P.2d 1016 (1979), it held that “[t]he statute creates only a testimonial privilege and does not affect the admissibility of non-testimonial statements otherwise admissible which were made by the spouse of a criminal defendant.” Id. (emphasis in original.) However, in that case, the defendant’s wife had actually testified at trial.

11984–1984
United States v. Bryan green
scotus · 1950
2 sentences

1977In United States v. Bryan, 339 U.S. 323 , 70 S.Ct. 724 , 94 L.Ed. 884 (1950), the Court stated: "On the other hand, persons summoned as witnesses by competent authority have certain minimum duties and obligations which are necessary concessions to the public interest in the orderly operation of legislative and judicial machinery.

1977In United States v. Bryan, 339 U.S. 323 , 70 S.Ct. 724 , 94 L.Ed. 884 (1950), the Court stated: "On the other hand, persons summoned as witnesses by competent authority have certain minimum duties and obligations which are necessary concessions to the public interest in the orderly operation of legislative and judicial machinery.

11977–1977

Where else courts name it

OH 69 (1981–2026) NJ 51 (1964–2026) NY 46 (1955–2023) CA 38 (1959–2024) WA 37 (1967–2024) MI 31 (1960–2025) ME 24 (1973–2021) IL 23 (1980–2023) MD 21 (1983–2022) MA 21 (1972–2025) TX 20 (1968–2023) CT 16 (1974–2022) MN 15 (1968–2026) PA 15 (1980–2026) GA 14 (1978–2013) AL 14 (1903–2011) FL 13 (1908–2023) AZ 12 (1968–2019) MO 11 (1979–2024) CO 8 (1980–2021) IN 8 (1991–2015) NM 8 (1973–2022) WI 8 (1976–2008) NC 8 (1975–2022) RI 8 (1984–2019) TN 7 (2000–2010) ID 7 (1977–2026) VT 6 (1989–2016) AR 6 (1982–2021) OR 6 (1975–2024) DC 6 (1972–2014) WY 5 (1981–2019) SD 4 (1986–2025) SC 4 (1996–2014) KY 4 (1984–2019) NH 4 (1975–2005) OK 4 (1987–1991) LA 4 (1996–2025) NE 3 (1995–2021) AK 2 (1991–2018) KS 2 (1982–2017)

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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