United States v. Jarvison

LUCERO, Circuit Judge.

In this interlocutory appeal involving a claim that the defendant, Ben Jarvison, is not validly married, the United States contests the district court’s exclusion of testimony on the basis of the spousal testimonial privilege. As part of' the underlying child sexual abuse prosecution, the United States sought to compel the testimony of Esther Jarvison who they contend observed the abuse and could testify as to statements concerning the abuse made to her by both the defendant Ben Jarvison and the alleged victim. After determining that the Jarvisons had a valid marriage,…