Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Godbey, ___ N.C. App. ___, 792 S.E.2d 820 (Nov. 15, 2016)
The trial court did not err by applying G.S. 8-57.1 (husband-wife privilege waived in child abuse) in this child abuse case. The defendant asserted that the trial court erred by admitting privileged evidence about consensual sexual activity between the defendant and his wife. Specifically, he argued that the trial court erroneously concluded that the marital communications privilege was waived by G.S. 8-57.1. The defendant argued that the statute does not completely abrogate the privilege and is limited to judicial proceedings related to a report pursuant to the Child Abuse Reporting Law. The court disagreed, holding that the privilege was waived under the statute.