- Joined
- Jul 13, 2017
Wrong.No she just cant be COMPELLED to testify. If she wants to she can do whatever she wants in regards to Aaron.
More correct, but...No she can't. Relevant part bolded for emphasis.
Correct.The testimonial privilege ends with the marriage. April is not Aaron's wife anymore, she can testify.
If you continue reading that passage, there is still a communications privilege associated with spousal communications which took place during the marriage. But I don't believe communications within the polycule group chat would be covered under that, as they are not private spousal communications, and in any case anything outside of spousal communications is not covered by this privilege.
There are areas the prosecution will be definitely still be barred from going. Like any private communication between the two of them that occurred during their marriage is right out. Unless Aaron's attorney is an idiot, he'd object, and the judge will have to shut down that line of questioning.
Of course, anything that occurred after the divorce was finalized is fair game.