Legal Opinion
State v. Zais
Court of Appeals of Minnesota
Decided November 30, 2010No. A10-1020PublishedCited by 4 opinions
1Opinion of the Court
OPINION
LANSING, Judge.
This appeal is from the district court’s pretrial order in a prosecution for disorderly conduct, concluding as a matter of law that, absent Thomas Zais’s consent, his wife, Debra Zais, may not testify against him. Because we conclude that Debra Zais’s testimony comes within the exception to the marital testimonial privilege in Minn.Stat. § 595.02, subd. 1(a) (2008), which permits spousal testimony in a criminal action or proceeding for a crime committed by one spouse against the other, we reverse and remand.
FACTS
The facts relevant to this appeal are based on police…
2Cases cited38 opinions
- United States v. NixonSupreme Court of the United States · 1974
- Trammel v. United StatesSupreme Court of the United States · 1980
- Connally v. GeorgiaSupreme Court of the United States · 1977
- American Tower, L.P. v. City of GrantSupreme Court of Minnesota · 2001
- State v. HannukselaSupreme Court of Minnesota · 1990
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3Cited by4 opinions
- State v. ZaisSupreme Court of Minnesota · 2011
- State of Minnesota v. Alie Christine Theodore DornCourt of Appeals of Minnesota · 2016
- Joyce M. Woelfel v. U. S. Bank, National AssociationCourt of Appeals of Minnesota · 2014
- State of Minnesota v. Tommy William MixCourt of Appeals of Minnesota · 2016