Friday, May 16, 2003

Admission of wife's privileged testimony against defendant held to be harmless error

In U.S. v. Foresman, the Fourth Circuit in a per curiam opinion for the panel of Judges Williams, Gregory, and Shedd concluded that the trial court had erred in allowing testimony from the defendant's wife about the defendant's statements to her to be used against him by the prosecution, but also held that the error was harmless because there was plenty of other incriminating evidence, including other, non-privileged testimony from the wife.

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