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To: Steely Tom

Under Virginia code § 19.2-271.2 (and similar for many states): In criminal cases husband and wife shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled to be called as a witness against the other, except (i) in the case of a prosecution for an offense committed by one against the other, against a minor child of either, or against the property of either; (ii) in any case where either is charged with forgery of the name of the other or uttering or attempting to utter a writing bearing the allegedly forged signature of the other; or (iii) in any proceeding relating to a violation of the laws pertaining to criminal sexual assault (§§ 18.2-61 through 18.2-67.10), crimes against nature (§ 18.2-361) involving a minor as a victim and provided the defendant and the victim are not married to each other, incest (§ 18.2-366), or abuse of children (§§ 18.2-370 through 18.2-371). The failure of either husband or wife to testify, however, shall create no presumption against the accused, nor be the subject of any comment before the court or jury by any attorney.

Except in the prosecution for a criminal offense as set forth in (i), (ii) or (iii) above, in any criminal proceeding, a person has a privilege to refuse to disclose, and to prevent anyone else from disclosing, any confidential communication between his spouse and him during their marriage, regardless of whether he is married to that spouse at the time he objects to disclosure. For the purposes of this section, “confidential communication” means a communication made privately by a person to his spouse that is not intended for disclosure to any other person.

In other words, the wife can testify against her husband, but in most cases the testimony is her choice - she doesn’t have a legal obligation to testify. The sad thing about Edwards was that no one felt any loyalty to him at all. Even his dying wife wanted to get him more than she wanted to preserve her energy and live longer.


24 posted on 06/08/2011 6:50:39 PM PDT by Pollster1 (Natural born citizen of the USA, with the birth certificate to prove it)
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To: Pollster1
In other words, the wife can testify against her husband, but in most cases the testimony is her choice - she doesn’t have a legal obligation to testify. The sad thing about Edwards was that no one felt any loyalty to him at all. Even his dying wife wanted to get him more than she wanted to preserve her energy and live longer.

Yeah. Poor guy. = sniff =

31 posted on 06/08/2011 6:53:00 PM PDT by Steely Tom (Obama goes on long after the thrill of Obama is gone)
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To: Pollster1

‘The sad thing about Edwards was that no one felt any loyalty to him at all. Even his dying wife wanted to get him more than she wanted to preserve her energy and live longer’.————

Stunning you would post that. No loyalty to him??? For over a year the media wouldn’t even report it (and longer because some knew). Until pictures came out in a rag magazine. No Democrats would comment...
And it says she recorded it on her DEATH bed....and yet you claim her laying in a death bed speaking somehow used up energy that would have let her live longer.
LUDICROUS.


142 posted on 06/08/2011 8:16:33 PM PDT by Freddd (NoPA ngineers.)
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To: Pollster1

That’s interesting, but this is in a federal court.


182 posted on 06/09/2011 9:00:59 AM PDT by SeaHawkFan
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