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U.S. v. ROBERSON

No. 87-3138.

859 F.2d 1376 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Ray ROBERSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 20, 1988.

Attorney(s) appearing for the Case

William R. Michelman, Tacoma, Wash. for defendant-appellant.

Mark N. Bartlett, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before WRIGHT, WALLACE and HUG, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

This appeal presents the question whether a husband or wife may invoke the marital communications privilege when, at the time of the relevant communication, the couple is separated and their marriage has failed.

Thomas Roberson was tried and convicted under 18 U.S.C. § 2031 of a rape that took place on a federal enclave. At trial, the prosecution offered the testimony of his estranged wife. Roberson objected, asserting...

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