Monthly Archives: March 2011

Can the Government Compel a Wife to Testify Against Her Husband?

The privilege of not being compelled to testify against one’s husband or wife has ancient roots.  Writing in 1628, Lord Coke observed that “It hath been resolved by the justices that a wife cannot be produced either against or for … Continue reading

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Can a Guilty or No Contest Plea be Overturned if the Person was not Provided an Interpreter?

Article I, section 14 of the California Constitution provides that “[a] person unable to understand English who is charged with a crime has a right to an interpreter throughout the proceedings.”  Failure of a trial court to make inquiries regarding … Continue reading

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Can a 911 Tape Be Admitted at Trial in a Domestic Violence Case

911 calls can constitute hearsay.  In criminal cases statements that are hearsay violate a defendant’s right of confrontation under the Due Process Clause of the United States Constitution.  In Crawford v. Washington (2004) 541 U.S. 36, the Supreme Court held … Continue reading

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