Regardless the fifth amendment does not protect a husband from having his wife testify against him, so raising that point is a red herring. The issue here is whether the fifth amendment prohibits the government from referencing the fact that you didn’t say anything when you had just killed an 8 year old when the issue is your state of mind at the time of the accident.
Would you keep that fact from the jury?
Where in the fifth amendment do you have the right to keep that information from the jury?
Didn’t you just state that state laws generally provide for spousal protections? I believe that is reasoned. So my red herring wasn’t so red herring after all was it.
Judges make determinations all the time regarding what juries will or will not hear. Not all of it is expressly written in the U. S. Constitution.
I’m sticking with my decision. You can file an appeal.