United States v. Montgomery (2004)
United States Court of Appeals for the Ninth Circuit
384 F.3d 1050 (2004)
James Montgomery and his sister Mary Lou O'Connor (defendants) ran a vacation-rental business; James's wife Louise managed the business for several years until being replaced by Mary, then returned and discovered accounting irregularities, writing her husband a letter left on the kitchen counter accusing Mary of dishonest, cheating conduct and stating she would confront Mary herself if James took no action. Louise later actually joined in the scheme herself, and when IRS agents searched the couple's home during a fraud investigation, they found the letter in the bedroom; Louise then agreed to testify against James and Mary, and the district court admitted the letter and her related testimony over James's spousal-privilege objection. James and Mary were convicted, and James appealed.
Whether either spouse may assert the spousal privilege applicable to confidential communications between spouses in a valid marriage.