Annotations, Discussions, Cases:
Cases Citing Statute 90.504
Total Results: 35
984 So. 2d 478, 2008 WL 596700
Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1288177
Cited 68 times | Published
...(2006) (providing for lawyer-client privilege); § 90.503, Fla. Stat. (2006) (providing for psychotherapist-patient privilege); § 90.5035, Fla. Stat. (2006) (providing for sexual assault counselor-victim privilege); § 90.5036, Fla. Stat. (2006) (providing for domestic violence advocate-victim privilege); § 90.504, Fla....
855 So. 2d 1, 2003 WL 21283161
Supreme Court of Florida | Filed: Jun 5, 2003 | Docket: 1752466
Cited 66 times | Published
...t was harmful because it would have conflicted with Taylor's contention that McJunkin had committed the robbery and therefore would not have needed money for a bus ticket. Florida's marital privilege applies only to communications and is codified in section 90.504, Florida Statutes (1999), which provides in relevant part: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....
18 So. 3d 432, 34 Fla. L. Weekly Supp. 359, 2009 Fla. LEXIS 860, 2009 WL 1544273
Supreme Court of Florida | Filed: Jun 4, 2009 | Docket: 2531313
Cited 23 times | Published
...Floyd is correct that in Florida, "[a] spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife." § 90.504, Fla....
46 So. 3d 510, 2009 Fla. LEXIS 1122, 2009 WL 2045387
Supreme Court of Florida | Filed: Jul 16, 2009 | Docket: 1928355
Cited 20 times | Published
...night because she had been working and wanted to get in early the next day since her job was around the corner. He further asked Mrs. Mosley to get notarized statements from his mother and his daughters to say that he was home all night on April 22. Section 90.504, Florida Statutes (2008), provides for the spousal privilege: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....
...or property of the other spouse, or the person or property of a child of either. (c) In a criminal proceeding in which the communication is offered in evidence by a defendant-spouse who is one of the spouses between whom the communication was made. § 90.504, Fla....
804 So. 2d 316, 2001 WL 1628473
Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 40
Cited 19 times | Published
...State, 693 So.2d 953, 964 (Fla.1997). Woodel's final guilt phase issue concerns statements made by the prosecutor during the opening statement that improperly divulged the content of a privileged marital communication. The spousal privilege, codified in section 90.504, Florida Statutes (1995), provides in pertinent part: (1) A spouse has a privilege during and after the martial relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....
688 So. 2d 313, 1996 WL 726873
Supreme Court of Florida | Filed: Dec 19, 1996 | Docket: 443913
Cited 16 times | Published
...The privilege provides: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife. § 90.504, Fla....
...An exception to the privilege permits testimony in certain cases of inter-spousal crime: (3) There is no privilege under this section: . . . . (b) In a criminal proceeding in which one spouse is charged with a crime committed at any time against the person or property of the other spouse.... § 90.504(3)(b), Fla....
...GRIMES, J., concurs with an opinion, in which OVERTON and WELLS, JJ., concur. WELLS, J., concurs in result only as to the conviction and concurs as to the sentence. GRIMES, Justice, concurring. If Valentine's comments and letters to Romero fell within the scope of section 90.504, Florida Statute (1993), I believe Valentine would have been at least entitled to a jury instruction that such communications could not be considered with respect to the charge that he murdered Porche. However, the threats to maim and kill Porche came at a time when Valentine and Romero had been separated for over a year, and Valentine thought Romero had now married Porche. A communication made under these circumstances is not one which section 90.504 was designed to keep confidential....
...(b) In a criminal proceeding in which one spouse is charged with: . . . . 2. A crime committed at any time against the person or property of a third person, which crime was committed in the course of committing a crime against the person or property of the other spouse. § 90.504, Fla....
463 So. 2d 201, 10 Fla. L. Weekly 49
Supreme Court of Florida | Filed: Jan 10, 1985 | Docket: 2572962
Cited 12 times | Published
...Koon testified to a conversation between her and appellant in a telephone call on the evening of November 21 and about communications between the two of them, later that night, wherein appellant was alleged to have admitted murdering Dino. *204 The husband-wife privilege is delineated in section 90.504, Florida Statutes (1981), which provides in pertinent part as follows: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were inte...
...No other party was present at the time of the incriminating conversations between appellant and his wife. Furthermore, when Mrs. Koon was called as a witness to testify against appellant, appellant properly asserted the husband-wife privilege pursuant to section 90.504(2), Florida Statutes (1981)....
344 So. 2d 915
District Court of Appeal of Florida | Filed: Apr 6, 1977 | Docket: 474660
Cited 11 times | Published
...RAWLS, J., concurs. McCORD, J., dissents. NOTES [1] The numerous activities of appellant about which the wife testified are not covered by the marital privilege which only applies to communications. Ross v. State, 202 So.2d 582 (Fla. 1st DCA 1967). [2] Even § 90.504, Fla....
29 So. 3d 938, 34 Fla. L. Weekly Supp. 561, 2009 Fla. LEXIS 1665, 2009 WL 3126337
Supreme Court of Florida | Filed: Oct 1, 2009 | Docket: 1134893
Cited 9 times | Published
...claims was proper. The State filed a motion in limine to exclude Wanda Jackson's testimony about statements that Keith Jackson had made to her. The State argued that the testimony was inadmissible hearsay and was covered by the marital privilege in section 90.504, Florida Statutes....
...and the prosecutor's filing of the motion in limine invoking the privilege was tantamount to misconduct. However, as noted above, there is a marital privilege for confidential communications made between spouses while they are husband and wife. See § 90.504, Fla....
...[16] The statute provides, in pertinent part: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife. § 90.504(1), Fla....
793 So. 2d 894, 2001 WL 788121
Supreme Court of Florida | Filed: Jul 13, 2001 | Docket: 1678069
Cited 9 times | Published
...nst Bolin. Therefore, we reverse Bolin's conviction and sentence and remand for a new trial. It is so ordered. WELLS, C.J., and SHAW, HARDING, PARIENTE, and LEWIS, JJ., concur. *899 ANSTEAD, J., concurs in result only. QUINCE, J., recused. NOTES [1] § 90.504, Fla. Stat. (1985). [2] At the time of Coby's disclosures, Bolin was incarcerated in Ohio for an unrelated crime. [3] The spousal privilege only applies to confidential communications. See § 90.504(1), Fla....
352 So. 2d 45
Supreme Court of Florida | Filed: Jun 30, 1977 | Docket: 1757599
Cited 8 times | Published
...husband opens a trunk before his wife and points out objects therein to her... ." [2] We note with interest that the Florida Legislature in the 1976 Legislative Session codified the marital communications privilege recognized in Florida since 1889. Section 90.504, Florida Statutes, effective July 1, 1978, provides: "(1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....
2 So. 3d 47, 2008 WL 4809783
Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1643648
Cited 8 times | Published
...The Confidential Marital-Communications Privilege In his second guilt-phase ineffectiveness subclaim, Lynch contends that trial counsel were ineffective by failing to advise him with regard to the confidential marital-communications privilege codified in section 90.504, Florida Statutes (2000)....
...pon waiver under section 90.507, Florida Statutes (2000), and there is a threshold issue with regard to the murder-suicide letter: Based on the totality of circumstances, did Lynch ever intend that the letter constitute a confidential communication? Section 90.504(1), Florida Statutes (2000), the subsection codifying the confidential marital-communications privilege, states: "A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from dis...
603 So. 2d 670, 1992 WL 191308
District Court of Appeal of Florida | Filed: Aug 12, 1992 | Docket: 68599
Cited 7 times | Published
...Gen., West Palm Beach, for appellee. PER CURIAM. We reverse the second degree murder conviction of appellant and remand for a new trial because the trial court erred in allowing appellant's wife to testify to communications between appellant and her contrary to section 90.504, Florida Statutes (1989)....
...Over appellant's objection that such testimony was precluded by the marital privilege, the trial court agreed with the state that such testimony was not privileged as it did not appear to "contain the sanctity of marriage" and additionally amounted to "witness threats". Section 90.504(1), Florida Statutes provides: A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....
...ecause a married couple, and each of them, should be secure in the knowledge that their private communications are exactly that private. Id. at 919. There are of course exceptions to the marital privilege, and they are spelled out in the statute. § 90.504(3)(a)-(c), Fla. Stat. (1989). However, none of these apply here. While threatening a witness is a crime, and had appellant been charged with that crime his wife could have testified against him, section 90.504(3)(b), Florida Statutes (1989), the state did not charge him with that crime....
414 So. 2d 1089
District Court of Appeal of Florida | Filed: May 11, 1982 | Docket: 1358644
Cited 6 times | Published
...eworthy that the invocation of the attorney-client privilege is specifically recognized by § 90.502, Fla. Stat. (1979) as a basis for advising one not to testify. § 90.501, Fla. Stat. (1979); see also § 90.503 (psychotherapist-patient privilege); § 90.504 (husband-wife privilege); § 90.505 (clergyman-penitent privilege)....
650 So. 2d 19, 1995 WL 48438
Supreme Court of Florida | Filed: Feb 9, 1995 | Docket: 466970
Cited 6 times | Published
...During the pre-trial proceeding in the Hillsborough County case, a discovery deposition was taken by defendant's counsel of the defendant's former spouse. The circuit court ruled that the taking of this discovery deposition by defendant's counsel waived the spousal privilege as to spousal communications afforded by section 90.504, Florida Statutes (1991)....
17 So. 3d 812, 2009 Fla. App. LEXIS 11583, 2009 WL 2517059
District Court of Appeal of Florida | Filed: Aug 19, 2009 | Docket: 1644903
Cited 6 times | Published
...conversation he had with his wife while in the interrogation room because the conversation was a privileged marital communication. Boyd also contends the court erred in allowing his wife to testify regarding the conversation over defense objection. Section 90.504(1), Florida Statutes (2009), provides: A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....
...This testimony undermined defendant's theory of defense because, if the other man had robbed and killed the victim, he would not have required money for a bus ticket. See id. The Florida Supreme Court held the trial court erred in allowing the testimony because the discussion had been a privileged marital communication under section 90.504 and the privilege had not been waived....
642 So. 2d 540, 1994 WL 137860
Supreme Court of Florida | Filed: Apr 21, 1994 | Docket: 1529433
Cited 6 times | Published
...As his first point on appeal, Bolin argues that the trial court erred in admitting into evidence statements made by Bolin to his wife predicated on a ruling that Bolin waived his spousal privilege by taking his ex-wife's discovery deposition. We agree with Bolin. [1] The spousal privilege is codified in section 90.504, Florida Statutes (1991), and provides, in pertinent part, as follows: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were inte...
846 So. 2d 1208, 2003 WL 21294021
District Court of Appeal of Florida | Filed: Jun 6, 2003 | Docket: 1301644
Cited 4 times | Published
...ry Hill's husband), and Dr. Gfeller (Mary Hill's psychotherapist) seek certiorari review of pre-trial discovery orders compelling Dennis Hill and Dr. Gfeller to answer questions propounded by the state. The petitioners rely on the marital privilege, section 90.504, and the psychotherapist privilege, section 90.503....
...mmon law, [4] is a creature of statute. [5] It is presently included as part of the Evidence Code. The Florida State courts accept the statute, as modified from time to time, as the sole source of the privilege. [6] It provides in relevant part: Sec 90.504 Husbandwife privilege (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....
451 So. 2d 1024
District Court of Appeal of Florida | Filed: Jun 21, 1984 | Docket: 1483035
Cited 3 times | Published
...husband-wife privilege was overruled by the court on the ground that the privilege did not apply to a husband and wife who were committing a crime. That ruling, though consistent with federal law, is contrary to Florida's statutory and case law. [1] Section 90.504, Florida Statutes (1983), does not except from the husband-wife privilege confidential communications between husband and wife made in furtherance of a crime....
773 So. 2d 115, 2000 WL 1853985
District Court of Appeal of Florida | Filed: Dec 20, 2000 | Docket: 1687605
Cited 2 times | Published
...Patently, he had no knowledge that a police officer or anyone else was, in fact, listening. The trial court found that Yokie knew, suspected, or believed that someone was listening in on the conversation and, therefore, had no reasonable expectation that it was a private, privileged conversation. Section 90.504, Florida Statutes, provides that "[a] spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between t...
...Hanger Orthopedic Group, Inc. v. McMurray, 181 F.R.D. 525, 530 (M.D.Fla.1998). Factors, such as the nature of the message and circumstances under which it was delivered, may rebut that presumption. Id. Yokie's conversation with his wife clearly falls within the purview of section 90.504....
453 So. 2d 944
District Court of Appeal of Florida | Filed: Aug 15, 1984 | Docket: 1651267
Cited 2 times | Published
...ion of the trial court. Orlowitz v. Orlowitz, 199 So.2d 97 (Fla. 1967); Continental Mortgage Investors v. Village By The Sea, 252 So.2d 833 (Fla. 4th DCA 1971). Communications between spouses are privileged only if intended to be made in confidence. § 90.504(1), Fla....
180 So. 3d 978, 2015 WL 5445655
Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816844
Cited 1 times | Published
...When she testified before the penalty
phase jury, Stephanie said that Hernandez told her “and the Hartmans” that he cut
the victim’s throat “[t]o make sure she was dead.” Hernandez contends that
counsel was ineffective in failing to object to her penalty phase testimony on the
ground of marital privilege. Section 90.504(1), Florida Statutes (2007), provides
that “[a] spouse has a privilege during and after the marital relationship to refuse to
disclose, and to prevent another from disclosing, communications which were
intended to be made in confidence between spouses while they were husband and
wife.” § 90.504(1), Fla....
142 So. 3d 978, 2014 WL 3730009, 2014 Fla. App. LEXIS 11606
District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 3598
Cited 1 times | Published
...(§ 90.5035(1)(e)1., 2., 3.), domestic violence advocate-victim (§ 90.5036(1)(d)1.,
2.), clergy (§ 90.505(1)(b)), and accountant-client (§ 90.5055(1)(c)1., 2.). Such
language is missing from the provisions of both the journalist’s privilege
(§ 90.5015) and the spousal privilege (§ 90.504).
3
In analyzing the breadth of the privilege and scope of the waiver, courts have
often analogized the psychotherapist-patient privilege to the attorney-client
privilege....
650 So. 2d 1032, 1995 WL 39859
District Court of Appeal of Florida | Filed: Feb 3, 1995 | Docket: 1345587
Cited 1 times | Published
...The trial judge did not allow the state to call Bell's husband, John Bell, to testify based upon Bell's objection. Bell objected arguing that any testimony from her husband concerning her communication with him would be protected by the marital privilege. Bell invoked the marital privilege pursuant to section 90.504(3)(b), Florida Statutes (1991)....
...Although the successor judge could consider the renewed objections, he should have sustained them on the merits. The state was allowed to call John Bell because it argued he was the victim of Bell's arson. Therefore, as a victim, it reasoned, he could be called pursuant to the exception in section 90.504(3)(b), Florida Statutes (1991)....
...Therefore, Bell was properly convicted of both second degree arson and burning to defraud an insurance company. REVERSED and REMANDED. W. SHARP and DIAMANTIS, JJ., concur. NOTES [1] § 806.01(2), Fla. Stat. (1991). [2] § 817.233, Fla. Stat. (1991). [3] § 817.234, Fla. Stat. (1991). [4] Section 90.504(3)(b) provides there is no privilege under this section: In a criminal proceeding in which one spouse is charged with a crime committed at any time against the person or property of the other spouse, or the person or property of a child of either. § 90.504(3)(b), Fla....
71 So. 3d 196, 2011 Fla. App. LEXIS 15424, 2011 WL 4645600
District Court of Appeal of Florida | Filed: Sep 30, 2011 | Docket: 2355998
Published
...ole in jury's determination). For the foregoing reasons, the conviction and sentence are reversed and this matter is remanded for a new trial. CONVICTION and SENTENCE REVERSED, REMANDED for New Trial. ORFINGER, C.J. and SAWAYA, J., concur. NOTES [1] § 90.504(1), Fla....
District Court of Appeal of Florida | Filed: May 12, 2023 | Docket: 66799567
Published
B. Section 90.504, Florida Statutes, the husband-wife privilege
443 So. 2d 1074, 1984 Fla. App. LEXIS 11400
District Court of Appeal of Florida | Filed: Jan 19, 1984 | Docket: 64602166
Published
statute is found in the Florida Evidence Code, Section 90.504(1), Florida Statutes (1981): A spouse has a
