Monday, July 31, 2017

United States v. Seminole, No. 16-30202 (Owens with Watford and Chhabria (N.D. Cal.)) --- The Ninth Circuit affirmed a conviction for assault of a domestic partner by strangulation under 18 U.S.C. ยง 113(a)(7). The defendant argued that the district court should not have compelled his wife, the victim of the charged crime, to testify against him under the marital privilege. In Wyatt v. United States, 362 U.S. 525 (1969), the Supreme Court held that the privilege does not apply when one spouse is the victim of a crime committed by the other spouse. The panel rejected the defendant's argument that Trammel v. United States, 445 U.S. 40 (1980), overruled Wyatt. The trial judge did not err in compelling the defendant's wife to testify against him at trial.ใ€€

Fans of Judge Owens will note that this opinion continues his lament against domestic violence in Indian country, which began with his dissent from denial of en banc rehearing in United States v. Bryant, No. 12-30177.ใ€€

The decision is here:ใ€€


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