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- ilnd;;1:16-cv-01963_de723 RegisterActionDate "2020-11-25" @default.
- ilnd;;1:16-cv-01963_de723 RegisterActionDescriptionText "MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff seeks to bar Plaintiff's current wife from testifying at trial because she knows nothing about the events at issue from the original criminal trial, has a marital communication privilege regarding anything that Plaintiff may have said to her, and is merely seeking to admit further 404(b) evidence 545 . First, there are two privileges for Kristi Ann Townsend: first is the marital communications privilege which protects her communications with her husband; and 2) is the spousal privilege that holds she should not have to testify as an adversary against her husband. Both privileges may only be asserted by Ms. AFC55D8 and she is permitted to waive them. The Court, once again, needs more information in order to determine whether 1) Ms. Townsend is waiving or asserting the privilege; 2) what her testimony would be; and 3) whether a further 404(b) determination must be made. The Court will address the 404(b) aspect of this testimony at the hearing in December 2020. Defendants are ordered to file a proffer of what the testimony will be on or before 12/9/2020. Any response will be filed on or before 12/22/2020. Finally, because the Defendants' defense is that Plaintiff actually committed the murder, Plaintiff's argument that the evidence must stop at the time of the criminal trial is not accurate. The Court, however, cannot make a determination from the facts alleged in the motion and response whether the testimony is admissible. Motion 545 taken under advisement. Mailed notice (lk, ) (Entered: 11/25/2020)" @default.
- ilnd;;1:16-cv-01963_de723 AdministrativeID "723" @default.
- ilnd;;1:16-cv-01963_de723 hasReferenceToOtherEntry ilnd;;1:16-cv-01963_de545 @default.