Florida/Georgia Personal Injury & Workers Compensation

...(2006) (providing for lawyer-client privilege); § 90.503, Fla. Stat. (2006) (providing for psychotherapist-patient privilege); § 90.5035, Fla. Stat. (2006) (providing for sexual assault counselor-victim privilege); § 90.5036, Fla. Stat. (2006) (providing for domestic violence advocate-victim privilege); § 90.504, Fla....

...t was harmful because it would have conflicted with Taylor's contention that McJunkin had committed the robbery and therefore would not have needed money for a bus ticket. Florida's marital privilege applies only to communications and is codified in section 90.504, Florida Statutes (1999), which provides in relevant part: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....

...Floyd is correct that in Florida, "[a] spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife." § 90.504, Fla....

...night because she had been working and wanted to get in early the next day since her job was around the corner. He further asked Mrs. Mosley to get notarized statements from his mother and his daughters to say that he was home all night on April 22. Section 90.504, Florida Statutes (2008), provides for the spousal privilege: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....

...or property of the other spouse, or the person or property of a child of either. (c) In a criminal proceeding in which the communication is offered in evidence by a defendant-spouse who is one of the spouses between whom the communication was made. § 90.504, Fla....

...State, 693 So.2d 953, 964 (Fla.1997). Woodel's final guilt phase issue concerns statements made by the prosecutor during the opening statement that improperly divulged the content of a privileged marital communication. The spousal privilege, codified in section 90.504, Florida Statutes (1995), provides in pertinent part: (1) A spouse has a privilege during and after the martial relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....

...The privilege provides: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife. § 90.504, Fla....

...An exception to the privilege permits testimony in certain cases of inter-spousal crime: (3) There is no privilege under this section: . . . . (b) In a criminal proceeding in which one spouse is charged with a crime committed at any time against the person or property of the other spouse.... § 90.504(3)(b), Fla....

...GRIMES, J., concurs with an opinion, in which OVERTON and WELLS, JJ., concur. WELLS, J., concurs in result only as to the conviction and concurs as to the sentence. GRIMES, Justice, concurring. If Valentine's comments and letters to Romero fell within the scope of section 90.504, Florida Statute (1993), I believe Valentine would have been at least entitled to a jury instruction that such communications could not be considered with respect to the charge that he murdered Porche. However, the threats to maim and kill Porche came at a time when Valentine and Romero had been separated for over a year, and Valentine thought Romero had now married Porche. A communication made under these circumstances is not one which section 90.504 was designed to keep confidential....

...(b) In a criminal proceeding in which one spouse is charged with: . . . . 2. A crime committed at any time against the person or property of a third person, which crime was committed in the course of committing a crime against the person or property of the other spouse. § 90.504, Fla....

...Koon testified to a conversation between her and appellant in a telephone call on the evening of November 21 and about communications between the two of them, later that night, wherein appellant was alleged to have admitted murdering Dino. *204 The husband-wife privilege is delineated in section 90.504, Florida Statutes (1981), which provides in pertinent part as follows: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were inte...

...No other party was present at the time of the incriminating conversations between appellant and his wife. Furthermore, when Mrs. Koon was called as a witness to testify against appellant, appellant properly asserted the husband-wife privilege pursuant to section 90.504(2), Florida Statutes (1981)....

...RAWLS, J., concurs. McCORD, J., dissents. NOTES [1] The numerous activities of appellant about which the wife testified are not covered by the marital privilege which only applies to communications. Ross v. State, 202 So.2d 582 (Fla. 1st DCA 1967). [2] Even § 90.504, Fla....

...claims was proper. The State filed a motion in limine to exclude Wanda Jackson's testimony about statements that Keith Jackson had made to her. The State argued that the testimony was inadmissible hearsay and was covered by the marital privilege in section 90.504, Florida Statutes....

...and the prosecutor's filing of the motion in limine invoking the privilege was tantamount to misconduct. However, as noted above, there is a marital privilege for confidential communications made between spouses while they are husband and wife. See § 90.504, Fla....

...[16] The statute provides, in pertinent part: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife. § 90.504(1), Fla....

...nst Bolin. Therefore, we reverse Bolin's conviction and sentence and remand for a new trial. It is so ordered. WELLS, C.J., and SHAW, HARDING, PARIENTE, and LEWIS, JJ., concur. *899 ANSTEAD, J., concurs in result only. QUINCE, J., recused. NOTES [1] § 90.504, Fla. Stat. (1985). [2] At the time of Coby's disclosures, Bolin was incarcerated in Ohio for an unrelated crime. [3] The spousal privilege only applies to confidential communications. See § 90.504(1), Fla....

...husband opens a trunk before his wife and points out objects therein to her... ." [2] We note with interest that the Florida Legislature in the 1976 Legislative Session codified the marital communications privilege recognized in Florida since 1889. Section 90.504, Florida Statutes, effective July 1, 1978, provides: "(1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....

...The Confidential Marital-Communications Privilege In his second guilt-phase ineffectiveness subclaim, Lynch contends that trial counsel were ineffective by failing to advise him with regard to the confidential marital-communications privilege codified in section 90.504, Florida Statutes (2000)....

...pon waiver under section 90.507, Florida Statutes (2000), and there is a threshold issue with regard to the murder-suicide letter: Based on the totality of circumstances, did Lynch ever intend that the letter constitute a confidential communication? Section 90.504(1), Florida Statutes (2000), the subsection codifying the confidential marital-communications privilege, states: "A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from dis...

...Gen., West Palm Beach, for appellee. PER CURIAM. We reverse the second degree murder conviction of appellant and remand for a new trial because the trial court erred in allowing appellant's wife to testify to communications between appellant and her contrary to section 90.504, Florida Statutes (1989)....

...Over appellant's objection that such testimony was precluded by the marital privilege, the trial court agreed with the state that such testimony was not privileged as it did not appear to "contain the sanctity of marriage" and additionally amounted to "witness threats". Section 90.504(1), Florida Statutes provides: A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....

...ecause a married couple, and each of them, should be secure in the knowledge that their private communications are exactly that — private. Id. at 919. There are of course exceptions to the marital privilege, and they are spelled out in the statute. § 90.504(3)(a)-(c), Fla. Stat. (1989). However, none of these apply here. While threatening a witness is a crime, and had appellant been charged with that crime his wife could have testified against him, section 90.504(3)(b), Florida Statutes (1989), the state did not charge him with that crime....

...eworthy that the invocation of the attorney-client privilege is specifically recognized by § 90.502, Fla. Stat. (1979) as a basis for advising one not to testify. § 90.501, Fla. Stat. (1979); see also § 90.503 (psychotherapist-patient privilege); § 90.504 (husband-wife privilege); § 90.505 (clergyman-penitent privilege)....

...During the pre-trial proceeding in the Hillsborough County case, a discovery deposition was taken by defendant's counsel of the defendant's former spouse. The circuit court ruled that the taking of this discovery deposition by defendant's counsel waived the spousal privilege as to spousal communications afforded by section 90.504, Florida Statutes (1991)....

...conversation he had with his wife while in the interrogation room because the conversation was a privileged marital communication. Boyd also contends the court erred in allowing his wife to testify regarding the conversation over defense objection. Section 90.504(1), Florida Statutes (2009), provides: A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....

...This testimony undermined defendant's theory of defense because, if the other man had robbed and killed the victim, he would not have required money for a bus ticket. See id. The Florida Supreme Court held the trial court erred in allowing the testimony because the discussion had been a privileged marital communication under section 90.504 and the privilege had not been waived....

...As his first point on appeal, Bolin argues that the trial court erred in admitting into evidence statements made by Bolin to his wife predicated on a ruling that Bolin waived his spousal privilege by taking his ex-wife's discovery deposition. We agree with Bolin. [1] The spousal privilege is codified in section 90.504, Florida Statutes (1991), and provides, in pertinent part, as follows: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were inte...

...ry Hill's husband), and Dr. Gfeller (Mary Hill's psychotherapist) seek certiorari review of pre-trial discovery orders compelling Dennis Hill and Dr. Gfeller to answer questions propounded by the state. The petitioners rely on the marital privilege, section 90.504, and the psychotherapist privilege, section 90.503....

...mmon law, [4] is a creature of statute. [5] It is presently included as part of the Evidence Code. The Florida State courts accept the statute, as modified from time to time, as the sole source of the privilege. [6] It provides in relevant part: Sec 90.504 Husband—wife privilege (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....

...ANALYSIS Guilt Phase Claims Priscilla Kaczmar’s Testimony Kaczmar contends that the trial court abused its discretion when it allowed *999 the State to elicit testimony from Priscilla during the guilt phase of his trial because her testimony was privileged. Section 90.504, Florida Statutes (2007), governs the Husband-wife privilege: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....

...husband-wife privilege was overruled by the court on the ground that the privilege did not apply to a husband and wife who were committing a crime. That ruling, though consistent with federal law, is contrary to Florida's statutory and case law. [1] Section 90.504, Florida Statutes (1983), does not except from the husband-wife privilege confidential communications between husband and wife made in furtherance of a crime....

...murder violated Bolin’s due process because Coby’s observations were inextricably intertwined with the inadmissible privileged statements. Thus, Bolin asserts, even her redacted testimony violates spousal privilege. This claim is without merit. Section 90.504 governs the Husband-wife privilege: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife. (2) The privilege may be claimed by either spouse or by the guardian or conservator of a spouse. The authority of a spouse, or guardian or conservator of a spouse, to claim the privilege is presumed in the absence of contrary evidence. § 90.504, Fla....

...See also Bolin I, 650 So.2d at 23 (“The testimony of Bolin’s former spouse regarding her observations of Bo-lin’s alleged criminal activity was admissible and may be admitted in the new trial.”); Bolin II, 793 So.2d at 897, n. 3 (“The spousal privilege only applies to confidential communications. See § 90.504(1), Fla....

...The Florida legislature has established the general rule that no person has a privilege to prevent another from being a witness, from disclosing any matter, or from producing any object or writing. See Fla.Stat. § 90.501 (emphasis supplied). Florida’s husband-wife privilege is a statutory exception to the general rule. Section 90.504 of the Florida Statutes provides, in relevant part, that: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....

...ty of the other spouse, or the person or property of a child of either. (c) In a criminal proceeding in which the communication is offered in evidence by a defendant-spouse who is one of the spouses between whom the communication was made. Fla.Stat. § 90.504 (emphasis supplied)....

...ther than because of, the marital relationship given that the communications were intended to be confidential). The statute specifically delineates exceptions to the marital privilege, so the courts are “loathe to add additional exceptions.” See 90.504(3)(a)-(e); Jackson, 603 So.2d at 671 ; see also Smith, 344 So.2d at 918-20 ; Johnson v....

...defendant’s wife to testify that her husband had called her from jail with threats in an effort to get her to change her trial testimony); Bell v. State of Florida, 650 So.2d 1032, 1034-35 (Fla. 5th DCA 1995) (the statutory exception in Fla. Stat. 90.504(3)(b) allowing a spouse whose property was damaged to testify against the victimizing spouse did not extend to a spouse who was a co-conspirator in arson)....

...This section is not applicable when the disclosure is itself a privileged communication. Waiver by one spouse does not bar the other spouse from asserting the husband-wife privilege, however, because the privilege is held by both parties to the marriage. See Fla. Stat. 90.504; see also Brown v. May, 76 So.2d 652 (Fla.1954). Nevertheless, the Florida legislature has expressly provided that only communications *530 intended to be confidential are privileged. See Fla.Stat. § 90.504; Proffitt v....

...Patently, he had no knowledge that a police officer or anyone else was, in fact, listening. The trial court found that Yokie knew, suspected, or believed that someone was listening in on the conversation and, therefore, had no reasonable expectation that it was a private, privileged conversation. Section 90.504, Florida Statutes, provides that "[a] spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between t...

...Hanger Orthopedic Group, Inc. v. McMurray, 181 F.R.D. 525, 530 (M.D.Fla.1998). Factors, such as the nature of the message and circumstances under which it was delivered, may rebut that presumption. Id. Yokie's conversation with his wife clearly falls within the purview of section 90.504....

...ion of the trial court. Orlowitz v. Orlowitz, 199 So.2d 97 (Fla. 1967); Continental Mortgage Investors v. Village By The Sea, 252 So.2d 833 (Fla. 4th DCA 1971). Communications between spouses are privileged only if intended to be made in confidence. § 90.504(1), Fla....

...When she testified before the penalty phase jury, Stephanie said that Hernandez told her “and the Hartmans” that he cut the victim’s throat “[t]o make sure she was dead.” Hernandez contends that counsel was ineffective in failing to object to her penalty phase testimony on the ground of marital privilege. Section 90.504(1), Florida Statutes (2007), provides that “[a] spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between spouses while they were husband and wife.” § 90.504(1), Fla....

...The primary issues before this court are whether the husband’s statements to the trooper violated the husband-wife privilege, and if so, whether the use of those statements to investigate, arrest, and charge Grady was improper. The privilege is contained in section 90.504, Florida Statutes (2000), which provides the following: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....

...Although the attorney-chent and husband-wife privileges serve different purposes and may indeed have different policy considerations, both address communications that are confidential and are not intended to be disclosed to third persons. See §§ 90.502, 90.504, Fla....

...(§ 90.5035(1)(e)1., 2., 3.), domestic violence advocate-victim (§ 90.5036(1)(d)1., 2.), clergy (§ 90.505(1)(b)), and accountant-client (§ 90.5055(1)(c)1., 2.). Such language is missing from the provisions of both the journalist’s privilege (§ 90.5015) and the spousal privilege (§ 90.504). 3 In analyzing the breadth of the privilege and scope of the waiver, courts have often analogized the psychotherapist-patient privilege to the attorney-client privilege....

on the sole ground of inter-spousal immunity. § 90.504, Fla.Stat. (1985). Whether or not search and seizure

...The trial judge did not allow the state to call Bell's husband, John Bell, to testify based upon Bell's objection. Bell objected arguing that any testimony from her husband concerning her communication with him would be protected by the marital privilege. Bell invoked the marital privilege pursuant to section 90.504(3)(b), Florida Statutes (1991)....

...Although the successor judge could consider the renewed objections, he should have sustained them on the merits. The state was allowed to call John Bell because it argued he was the victim of Bell's arson. Therefore, as a victim, it reasoned, he could be called pursuant to the exception in section 90.504(3)(b), Florida Statutes (1991)....

...Therefore, Bell was properly convicted of both second degree arson and burning to defraud an insurance company. REVERSED and REMANDED. W. SHARP and DIAMANTIS, JJ., concur. NOTES [1] § 806.01(2), Fla. Stat. (1991). [2] § 817.233, Fla. Stat. (1991). [3] § 817.234, Fla. Stat. (1991). [4] Section 90.504(3)(b) provides there is no privilege under this section: In a criminal proceeding in which one spouse is charged with a crime committed at any time against the person or property of the other spouse, or the person or property of a child of either. § 90.504(3)(b), Fla....

...ole in jury's determination). For the foregoing reasons, the conviction and sentence are reversed and this matter is remanded for a new trial. CONVICTION and SENTENCE REVERSED, REMANDED for New Trial. ORFINGER, C.J. and SAWAYA, J., concur. NOTES [1] § 90.504(1), Fla....

...Hargroves argues that the circuit court departed from the essential requirements of law in three of its rulings in that order. We find merit in Hargroves’ arguments regarding two of those rulings. 1 First, the circuit court overruled Hargroves’ objection based on the marital privilege. See § 90.504, Fla....

...orted by competent, substantial evidence.” Id. Accordingly, the Supreme Court of Florida determined that the spousal privilege did not apply to the letter because Petitioner had never intended the letter to constitute a confidential communication: Section 90.504(1), Florida Statutes (2000), the subsection codifying the confidential marital-communications privilege, states: “A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from d...

...Under *1312 Florida law, “[a] spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife.” Fla. Stat. § 90.504 (1) (2000) (emphasis added)....

...ght things” and because he did not want others hurt. 8 As such, the privilege does not attach to Appellant’s statements to Mr. Worden, and the statements were properly admitted into evidence. B. Section 90.504, Florida Statutes, the husband-wife privilege statute, provides in part: (1) A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from di...

...or the person or property of a child of either. (c) In a criminal proceeding in which the communication is offered in evidence by a defendant-spouse who is one of the spouses between whom the communication was made. § 90.504, Fla....

...aughter. The victim was his wife’s child. Therefore, since Appellant committed this crime “against the person . . . of a child of either [spouse]”—i.e., the person of the daughter of his wife—there is no privilege as expressly stated by 90.504(3)(b), Florida Statutes....

statute is found in the Florida Evidence Code, Section 90.504(1), Florida Statutes (1981): A spouse has a

...The records did not reflect the actual substance of the cellular telephone conversations between Ashley and Humphrey. Humphrey filed a motion to suppress introduction of the cellular telephone records, arguing that the records were protected from disclosure by the husband-wife privilege, section 90.504, Florida Statutes (2003)....

...ege. The case proceeded to trial before a jury, Humphrey was found guilty of murder in the first degree, and he was sentenced to life in prison. He challenges the trial court’s denial of his motion to suppress. We affirm the trial court’s order. Section 90.504(1) provides: *285 A spouse has a privilege during and after the marital relationship to refuse to disclose, and to prevent another from disclosing, communications which were intended to be made in confidence between the spouses while they were husband and wife....