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STATE v. SZEMPLE

135 N.J. 406 (1994)

640 A.2d 817

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CRAIG SZEMPLE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided May 12, 1994.

Attorney(s) appearing for the Case

George T. Daggett, argued the cause for appellant (Daggett & Kraemer, attorneys).

Joseph Connor, Jr., Assistant Prosecutor, argued the cause for respondent (W. Michael Murphy, Jr., Morris County Prosecutor, attorneys).

J. Michael Blake, Assistant Deputy Public Defender, argued the cause for amicus curiae Public Defender (Zulima V. Farber, Public Defender, attorney).

Catherine A. Foddai, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Fred DeVesa, Acting Attorney General, attorney).

Ronald K. Chen and Sally Frank submitted briefs on behalf of amicus curiae The American Civil Liberties Union of New Jersey.

Alan L. Zegas submitted a letter brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey.

The opinion of the Court was delivered by GARIBALDI, J.

This case involves the reach of two separate evidentiary privileges: the marital-communications privilege and the priest-penitent privilege. First, we address whether the marital-communications privilege, Evidence Rule 28,1 N.J.S.A. 2A:84A-22, prevents the admission of an inculpatory letter that defendant sent to his wife and...

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