Question
Joe and Anna's relationship was stormy at times, although they had been relatively happy for three years. At the center of the arguments between Joe
Joe and Anna's relationship was stormy at times, although they had been relatively happy for three years. At the center of the arguments between Joe and Anna were: (1) Anna's attraction to Henry, and, (2) Joe's failure to provide adequate income to sustain the relationship. Eventually, Anna threatens to leave and Joe promises to provide for the two of them. She agrees to stay, and in the next several months, Joe earns a surprising amount of money as a salesman. Unbeknownst to Anna, Joe was making and selling Crystal Methamphetamine. Joe was subsequently arrested and indicted. Two weeks before the arrest, however, Joe confided in Anna and revealed the details of how he and a friend were making and selling Crystal Methamphetamine.
After Joe's arrest, he pleaded with Anna to marry him. She eventually agreed and the two were married while Joe was incarcerated, awaiting trial. In the two months between Joe's marriage and his trial, Anna fell in love with Henry, although their relationship remained a secret. One the eve of Joe's trial, Anna disclosed to the prosecutor she would testify against Joe. When Anna was called to the stand, Joe's attorney objected, citing spousal privilege (privilege protecting confidential communications).
If you were the judge in this case, how would you rule? Would you allow Anna's testimony, or would you sustain the defense attorney's objection on the basis of spousal privilege?
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