Phoenix City Prosecutor v. Honorable Laura LoweryAnnotate this Case
The Supreme Court reversed the ruling of the municipal court that the anti-marital fact privilege precluded H.C. from testifying about Defendant’s driving under the influence (DUI) charges, holding that H.C. could testify about the DUI charges under the crime exception to the anti-marital fact privilege. Ariz. Rev. Stat. 13-4062(1).
Defendant was charged with criminal damage, domestic violence, and three counts of DUI. Defendant successfully moved to preclude H.C. from testifying about the DUI charges and to sever those charges from the criminal damage charge based on the anti-marital fact privilege. The Supreme Court reversed, holding that when a defendant is charged for committing a crime against his or her spouse, the crime exception to the anti-marital fact privilege allows the witness-spouse to testify regarding not only that charge but also any charges arising from the same unitary event.