Commonwealth v. Hunter

OPINION BY

LAZARUS, J.

Michele Renae Hunter appeals from the trial court’s order denying her pretrial motion in limine1 seeking to exclude from evidence text messages (texts)2 sent between her and her co-defendant Husband.3 On appeal, we are faced with determining whether our Commonwealth’s confidential spousal communications privilege, codified at 42 Pa.C.S. § 5914, extends to Hunter’s texts.

Because the record reflects that the texts are being used in ongoing child abuse proceedings involving Hunter and the child-victim in the instant criminal case, Hunter could not have had a reasonable…