State v. Davaloo

Summary

The court held that the defendant’s statements to her husband were not protected by the marital communications privilege because they were not induced by the affection, confidence, loyalty, and integrity of the marital relationship. The statutory language adds that requirement as a distinct element beyond communication during marriage and confidentiality, and the undisputed facts showed that the statements furthered deception, an extramarital affair, and efforts to eliminate perceived obstacles. The court therefore affirmed the judgment admitting the statements and upholding the murder conviction.