Thursday, May 27, 2010

COMMONWEALTH OF PENNSYLVANIA v. ANGEL L. VALLE-VELEZ

COMMONWEALTH OF PENNSYLVANIA v. ANGEL L. VALLE-VELEZ
No. 1151 MDA 2009 2010 PA Super 99 Atlantic: n/a Filed: 5/27/2010

Appeal from the Order Entered June 4, 2009
in the Court of Common Pleas of Lebanon County
Criminal Division at No(s): CP-38-CR-0000137-2008 CR-0000552-07
Before: SHOGAN, OLSON, and KELLY, JJ.
Opinion by: OLSON, J.
The Commonwealth appeals the trial court’s order entered June 4, 2009, sustaining Appellee’s motion in limine, and finding that the spousal competency privilege set forth in 42 Pa.C.S.A. § 5913 applies to Appellee’s wife, where the couple has separated and filed for divorce, but remain legally married. We were surprised to find that consideration of the privilege within such circumstances is an issue of first impression and commend the trial court on a thorough and well reasoned consideration of this new issue. We affirm.
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1 comment:

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