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U.S. v. DOWDY

No. 90-00026-11-CR-W-8.

738 F.Supp. 1283 (1990)

UNITED STATES of America, Plaintiff, v. Gilbert L. DOWDY, et al., Defendants.

United States District Court, W.D. Missouri, W.D.

June 26, 1990.

Attorney(s) appearing for the Case

Linda L. Parker and Kenneth E. Weinfurt, Kansas City, Mo., for the U.S.

Carol Coe, Kansas City, Mo., for Gilbert Dowdy.

Sylvester James, Jr., Kansas City, Mo., for Samuel Dowdy.

Lawrence H. Pelofsky, Overland Park, Kan., for Steven Baker.

C. Brooks Wood, Daniel P. Wheeler, Kansas City, Mo., for Ocie Baker.

Donald L. Williams, Kansas City, Mo., for Vicky Nixon.

R.J. Campbell, Kansas City, Mo., for Sheri Ellison.

Robert G. Duncan, Kansas City, Mo., for Robert Turner.

Bruce W. Simon, Kansas City, Mo., for Rodney Miller.

Willis L. Toney, Kansas City, Mo., for Cassandra Miller.

ORDER

STEVENS, District Judge.

At a hearing held in open court on June 21, 1990 the court announced its decision to deny the severance motion filed by defendant Cassandra Miller. The court explained that the motion was denied because the marital privilege asserted by Cassandra Miller does not apply in cases where the husband and wife are alleged to be joint participants in a crime. Because of the dearth of Eighth Circuit authority on the issue, the court...

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