Commonwealth v. Spetzer

*19 OPINION OF THE COURT

Justice CASTILLE.

The issue on appeal is whether the Superior Court erred in granting a new trial on grounds that trial counsel was ineffective for failing to object, under the spousal confidential communications privilege set forth in 42 Pa.C.S. § 5914, to the voluntary testimony of appellee’s wife relating statements appellee made to her while charges were pending against him for the rape of his twelve year-old stepdaughter, B.G. The challenged statements, many of which were recorded by police with appellee’s wife’s consent, included: (1) admissions to having raped B.G.;…