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STATE v. TERRY

A-71 September Term 2012, 072775

94 A.3d 882 (2014)

218 N.J. 224

STATE of New Jersey, Plaintiff-Appellant, v. Yolanda TERRY and Teron Savoy, Defendants-Respondents.

Supreme Court of New Jersey.

Decided July 22, 2014.

Attorney(s) appearing for the Case

William Kyle Meighan, Assistant Prosecutor, argued the cause for appellant (Joseph D. Coronato, Ocean County Prosecutor, attorney; Samuel J. Marzarella, Supervising Assistant Prosecutor, of counsel).

Brian J. Di Stefano, Bayville, argued the cause for respondent Teron Savoy.

John L. Brown, Jr., argued the cause for respondent Yolanda Terry.

Chief Justice RABNER delivered the opinion of the Court.

As part of a criminal investigation, the State intercepted phone conversations and text messages between a husband and wife, pursuant to a court order. We must decide whether those communications are protected under the marital communications privilege.

Rule 509 of the Rules of Evidence embodies the State's longstanding marital communications privilege. The rule provides that "[n]o person shall...

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