U.S. v. BAHE

No. 96-2174.

128 F.3d 1440 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. James BAHE, Sr., Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 13, 1997.


Attorney(s) appearing for the Case

Kathleen Bliss, Special Asst. U.S. Atty. (John J. Kelly, U.S. Atty., with her on the brief), Albuquerque, NM, for Plaintiff-Appellant.

John V. Butcher, Asst. Federal Public Defender, Albuquerque, NM, for Defendant-Appellee.

Before HENRY, LOGAN and BRISCOE, Circuit Judges.


LOGAN, Circuit Judge.

The government's appeal of a pretrial order in this child sexual abuse case raises difficult problems involving the marital communications privilege. The district court granted a defense motion to prevent defendant's wife from testifying about a physical act by her husband which signifies his interest in initiating sexual intercourse. We resolve the appeal by adopting an exception to the privilege for crimes committed against a minor relative...

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