Legal Opinion

State v. Rollins

Supreme Court of North Carolina

Decided May 1, 2009No. 138PA08PublishedCited by 7 opinions

1Opinion of the Court

BRADY, Justice.

In this case we consider whether the marital communications privilege preserved in N.C.G.S. § 8-57(c) protects conversations between a husband and wife that occur in the public visiting areas of state correctional facilities. After extensive review of the history of the marital communications privilege in North Carolina and the rights granted to prisoners in correctional institutions, we conclude that the privilege does not extend to communications occurring in the public visiting areas of North Carolina Department of Correction (DOC) facilities because a reasonable expectation…

2Cases cited16 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Bell v. WolfishSupreme Court of the United States · 1979
  3. Hudson v. PalmerSupreme Court of the United States · 1984
  4. Trammel v. United StatesSupreme Court of the United States · 1980
  5. Lanza v. New YorkSupreme Court of the United States · 1962

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3Cited by7 opinions

  1. United States v. PughDistrict Court, E.D. New York · 2016
  2. State v. RollinsCourt of Appeals of North Carolina · 2013
  3. State v. RollinsCourt of Appeals of North Carolina · 2009
  4. State v. HarrisCourt of Appeals of North Carolina · 2021
  5. State v. RollinsSupreme Court of North Carolina · 2009

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