Under which of the following circumstances would a waiver of the marital communications privilege be necessary for one spouse to provide the information requested of them?
A) Jess is charged with domestic violence against Sara, his spouse. Sara is asked to give information about a phone call she had with Jess.
B) Kory is charged with physically abusing his daughter in the home he shares with his wife, Elsa, and the daughter-victim. Elsa is called to testify against Kory about the contents of some e-mails between her and Kory.
C) Charlie is charged with bigamy. One of his wives, Beth, is called to testify against Charlie about letters Charlie wrote to Beth.
D) All of the above apply.
E) The marital communications privilege does not apply in any of the above situations, therefore no waiver would be required.
Correct Answer:
Verified
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