Legal Opinion
Matter of Vanderbilt (Rosner-Hickey)
New York Court of Appeals
Decided July 1, 1982PublishedCited by 49 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
The marital privilege may protect from discovery a tape recording left to one spouse by the other, even though the tape apparently was prepared in contemplation of suicide. Having attached, the marital privilege also precludes examining the tape for deletions or erasures. In addition, a tape recording having left the maker’s possession, but which is regained without disclosure of its contents and delivered to the maker’s attorney in order to obtain legal advice, is protected by a combination of the Fifth Amendment privilege against self incrimination and…
2Cases cited14 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Fisher v. United StatesSupreme Court of the United States · 1976
- Andresen v. MarylandSupreme Court of the United States · 1976
- Bellis v. United StatesSupreme Court of the United States · 1974
9 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Spectrum Systems International v. Chemical BankNew York Court of Appeals · 1991
- Bowne of New York City, Inc. v. AmBase Corp.District Court, S.D. New York · 1993
- Rossi v. Blue Cross & Blue ShieldNew York Court of Appeals · 1989
- People v. MillsNew York Court of Appeals · 2003
- People v. WeeksAppellate Division of the Supreme Court of the State of New York · 2005
44 more not listed; retrieve them via the Exa API.