STATE of New Jersey, Plaintiff-Respondent,
v.
Ashley D. BAILEY, Defendant-Appellant.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued January 19, 2022.
Decided June 21, 2022.
Attorney(s) appearing for the Case
Elizabeth C. Jarit, Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Candace Caruthers, Assistant Deputy Public Defender, of counsel and on the briefs, and Frank M. Gennaro, Designated Counsel, on the briefs).
Kevin J. Hein, Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent (Grace C. MacAulay, Camden County Prosecutor, attorney; Kevin J. Hein, of counsel and on the briefs, and Linda A. Shashoua, Special Deputy Attorney General/Acting Assistant Prosecutor, on the briefs).
Shira Wisotsky argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation, attorneys; Shira Wisotsky, Alexander Shalom, Newark, and Jeanne LoCicero, on the brief).
Janie Byalik, Hackensack, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; CJ Griffin, on the brief).
William P. Cooper-Daub, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Andrew J. Bruck, Acting Attorney General, attorney; William P. Cooper-Daub, of counsel and on the brief).
JUSTICEPATTERSON delivered the opinion of the Court.
The marital communications privilege bars spouses and civil union partners from disclosing "any communication made in confidence between such person and his or her spouse or civil union partner." N.J.R.E. 509; N.J.S.A. 2A:84A-22(1).
On July 22, 2014, this Court proposed that the Legislature...
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