Credit: wavebreakmedia/Shutterstock.com 'No Marriage to Protect': Citing Husband's Death, Superior Court Rejects Appeal Over Spousal Privilege
"Mrs. O'Brien's interest in appealing the discovery order is no different from any party seeking to keep relevant, inculpatory evidence out of court," the appeals court said. "That interest—common to all civil defendants—does not constitute a right too important to be denied immediate review under Pa.R.A.P. 313(b)."
January 24, 2023 at 06:21 PM
4 minute read
The spousal-communication privilege doesn't necessarily end with the death of a spouse—but the right to immediately appeal a dispute over that privilege does, the Pennsylvania Superior Court has ruled.
In Smith v. O'Brien, plaintiff Mary Kathleen Smith alleged she was assaulted by defendant Therese O'Brien's husband numerous times as a child visiting their home. Following a police encounter, in which he was not charged with any crime, O'Brien's husband told O'Brien "'why he was speaking to the police,'" but then proceeded to drive away in his car and died in a train crash hours later, according to court documents.
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