United States v. Seminole, No. 16-30202 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit affirmed defendant's convictions for strangling and assaulting his wife, holding that the trial court did not err by compelling defendant's wife from testifying against him. The panel rejected defendant's argument that the Supreme Court in Trammel v. United States, 445 U.S. 40 (1980), dramatically altered the spousal privilege landscape. Rather, Wyatt v. United States's, 362 U.S. 525 (1960), "spouse as victim" holding dictates that the district court correctly compelled the testimony of defendant's wife.
Court Description: Criminal Law The panel affirmed the defendant’s convictions for strangling and assaulting his wife, in a case in which the district court compelled the defendant’s wife to testify against him. The panel rejected the defendant’s argument that the Supreme Court in Trammel v. United States, 445 U.S. 40 (1980), effectively overruled the holding in Wyatt v. United States, 362 U.S. 525 (1960), that a court can compel a witness to testify against her spouse when she is the victim of the crime.
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