OK OK - Molly Miller, 17, & Colt Haynes, 21, Wilson, 7 July 2013 - #2

Discussion in '2010's Missing' started by wfgodot, Sep 13, 2013.

  1. Dallen

    Dallen Member

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  2. McSpy

    McSpy Well-Known Member

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    Oh great, a prison wedding. They'll be checking for contraband in her wedding gown. I think I know why he wants to get married.
     
  3. McSpy

    McSpy Well-Known Member

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  4. OkieGranny

    OkieGranny New Member Staff Member Forum Coordinators

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    Yep, yep, maybe they'll have a double jailhouse wedding with CB ad JN.
     
  5. Eileen730

    Eileen730 Former Member

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    Well does that mean they cant testify against each other? If they Marry?
     
  6. tobeintheshade

    tobeintheshade New Member

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    Eileen, it does here in Texas. I assume its the same for OK. Edited to add that they CAN, but can't be made to. That poor little messed up gal....
     
  7. WhittyG

    WhittyG New Member

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    Heavens to Betsy. That is literally the last news I expected when opening this thread today.
     
  8. SuziQ

    SuziQ Well-Known Member

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    In many states there is an exception to spousal testimony when the victim is a minor. Molly was 17.
     
  9. tobeintheshade

    tobeintheshade New Member

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    Oh wow, wouldn't that be wonderful!

    I know this gal has made bad decisions and hurt folks, but i still kinda see her as just another life getting farther and farther off track...so sad.

    Ima be quiet again for a while, this place is a bad influence on my data usage. I want to thank everyone again for the work and input, especially Okie for simplifying it all so well!
     
  10. OkieGranny

    OkieGranny New Member Staff Member Forum Coordinators

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    According to the Oklahoma Statutes:

    http://www.lexvisio.com/article/1713/1400/0-1000/1/dA/Oklahoma+Evidence+Code

    Well, that's just clear as mud. I need a few re-readings to untangle the legalese. :waitasec:
     
  11. okmom23

    okmom23 New Member

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    JMO and all but I don't think you can claim spousal privilege retroactively-I believe it starts with the actual act of marriage or in a common law marriage situation in Oklahoma and since he lived with his Grandparents during the commission of his charged crimes I wouldn't "think" she has a leg to stand on so to speak. I think unless she is truly in love she is really grasping for straws if their plan is to try claiming spousal privilege.
     
  12. McSpy

    McSpy Well-Known Member

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    I know what you mean. It is so hard to understand, but I think she wouldn't be pressured to testify against him if she was his spouse. In other words, she could refuse to testify and there is nothing LE or the courts could do about it. This is what I get out of it. Maybe there is a loop hole . . She wasn't married to him when this crime occurred. Her lawyer and his lawyer would fight it though.
     
  13. Hatfield

    Hatfield Well-Known Member

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    my goodness. This is unbelievable. I think people are right for the reason why.
    It seems like something could be done to legally object or delay till after any trials are over since an ongoing investigation is occurring and certain people may be called to testify.
     
  14. OkieGranny

    OkieGranny New Member Staff Member Forum Coordinators

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    http://www.kxii.com/home/headlines/...ch-operations-to-another-level-267089101.html

     
  15. McSpy

    McSpy Well-Known Member

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  16. jns207

    jns207 Member

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    Actually, the spousal privilege under OK law is much narrower than what you describe. There are actually two different types of spousal privileges in American law. One is the "spousal communications" privilege and the other is the "spousal testimonial" privilege. In general terms, the testimonial privilege applies more broadly and allows a spouse to refuse to testify about both observations (such as witnessing their spouse commit a crime) and communications (such as discussing a crime that the spouse committed). However, the communications privilege - which I am fairly certain is the only privilege available under OK law - is not nearly as broad. Basically, the privilege only protects a spouse from testifying about confidential communications that occurred between two spouses during the course of their marriage - they still must testify about anything/everything else. While the communications privilege generally survives the dissolution of a marriage, I cannot recall coming across a state that protected communications that occurred prior to the marriage. (This is another difference between the two types of privileges, as the testimonial privilege will often protect spouses who are married at the time of trial, but who were not yet married at the time the observations or communications in question occurred.)

    I hope that I explained that somewhat clearly. Please feel free to ask a follow up if any of that was confusing.

    -----------------

    Also, while I am at it, I thought I would dice up the rule into a more understandable order -

    The general rule is provided in part (B):
    The definition for confidential communication is provided in part (A):
    Part (C) just explains that either the accused spouse can prevent the witness spouse from testifying about confidential communications, or the witness spouse can themselves refuse:
    And finally, part (D) just provides an exception to the privilege otherwise applying (which largely deals with domestic violence type situations):
    http://www.lexvisio.com/article/1713/1400/0-1000/1/dA/Oklahoma+Evidence+Code
     
  17. McSpy

    McSpy Well-Known Member

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    Would this priviledge apply to communications before they were married?
     
  18. jns207

    jns207 Member

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    Sorry, I tried to answer that in the original post, but I had a feeling I wasn't being very clear!

    I can't give you a 100% answer on that because I don't have access to an OK caselaw database, but I would be extremely surprised if it did. The spousal communication privilege does not usually apply to any communications that occurred prior to marriage. So for purposes of this case, I struggle to see how CN and SF would actually benefit at all from the privilege.
     
  19. ZooSleuth

    ZooSleuth Former Member

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    I would hope that whatever the law is, it's designed to prevent people from marrying just to claim spousal communication privilege after a crime. CN and SF might be "slow" enough to believe they could actually do that though.
     
  20. Dallen

    Dallen Member

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    Is DJE a friend or relative or...?
     

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