Archive: February 3, 2009

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Despite Protection of Marital Privilege from Email’s Admission “in Judicial or Grand Jury Proceedings,” Court Finds Email may be Admitted for Other Purposes and Denies Motion to Suppress

Despite Protection of Marital Privilege from Email’s Admission “in Judicial or Grand Jury Proceedings,” Court Finds Email may be Admitted for Other Purposes and Denies Motion to Suppress

U.S. v. Nicholas, 594 F. Supp. 2d 1116 (C.D. Cal. 2008)

In this case, the United States District Court in the Central District of California denied defendant Henry Nicholas’s motion to block the production of an incriminating email and for an order preventing the use of the email for cross examination or impeachment should Nicholas testify.  Rejecting Nicholas’s argument that the email was protected from disclosure by marital privilege, the district court held that a Ninth Circuit ruling that the email was subject to some protection by the marital privilege did not preclude all potential use of the email.  Accordingly the district court held that because the email could constitute the admission of a co-conspirator and be admissible at trial under other limited circumstances, it must be disclosed to Nicholas’s co-defendant.

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