Thursday, July 05, 2007
The privilege of seeking cert
The first military cert petition of the Supreme Court's 2007 term has been filed. On 3 July the Supremes docketed a cert petition filed by LT Kadlec in Taylor v. United States, No. 07-13. In United States v. Taylor,64 M.J. 416 (C.A.A.F. 2007), CAAF split 4-1 over the applicability of the confidential marital communications privilege in an adultery case. The majority held that the privilege did not apply due to Military Rule of Evidence 504's exception where "one spouse is charged with a crime against the person or property of the other spouse."
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