0207

Technically, no. An objection would not be timely, because it is not apparent to the judge that the item of evidence would violate the marital privilege. As far as the judge knows, the answer might be "We went shopping." Adam’s attorney must wait until the witness's answer reveals that a private communication was occurring.

Any questions, email tanford@indiana.edu and refer to 0207.

This poses a dilemma for Adam’s attorney, because the jury will hear all or part of the inadmissible evidence. What should the attorney do?
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