We use cookies to give you the best experience possible. By continuing we’ll assume you’re on board with our cookie policy

State of Utah v. Travis Dee Timmermann

The whole doc is available only for registered users
  • Pages: 2
  • Word count: 291
  • Category: Police

A limited time offer! Get a custom sample essay written according to your requirements urgent 3h delivery guaranteed

Order Now

FACTS: In the early morning of June 30, 2007, the Timmeran’s neighbor heard a woman screaming “stop it!” and “help me!” Around 7:00 am, the neighbor notified the police. Officer Mclelland asked Mrs. Timmeran to fill out a witness statement. In her three page statement, Mrs. Timmeran wrote that Mr. Timmeran repeatedly to hit her and force her to have intercourse. Another police officer asked her to submit to a sexual assault examination at the hospital. At the preliminary hearing, Mrs. Timmeran invoked her spousal privilege not to testify against her husband. The State then introduced into evidence Mrs. Timmeran’s previous statements to the police and to a sexual assault nurse. Mr. Timmeran subsequently filed a motion to quash the bindover. The district court denied the motion. Mr. Timmerman now appeals the district court’s denial of this motion.

ISSUE: Does the admission of Mrs. Timmerman’s our-of-court statement inviolate Mr. Timmerman’s constitutional right or Mrs. Timmerman’s spousal testimonial privilege?


REASONING: The constitutional spousal testimonial privilege applies only to compelled, in-court testimony. The introduction of Mrs. Timmerman’s statement into evidence at the preliminary hearing did not violate her spousal testimonial privilege, which protects a spouse from giving involuntary, in-court statement. Mrs. Timmerman was not forced to testify at the preliminary hearing. Further, Mrs. Timmerman made those statements voluntarily. She was not forced to attend a sexual assault examination or write a witness statement. Blocking her statement from admission into evidence at the preliminary hearing would promote excluding relevant evidence more than it would promote marital harmony. Furthermore, Mrs.Timmerman was not placed in a position where she had to choose either to perjure herself of harm her husband because she was not forced to testify in court.

We can write a custom essay

According to Your Specific Requirements

Order an essay
Materials Daily
100,000+ Subjects
2000+ Topics
Free Plagiarism
All Materials
are Cataloged Well

Sorry, but copying text is forbidden on this website. If you need this or any other sample, we can send it to you via email.

By clicking "SEND", you agree to our terms of service and privacy policy. We'll occasionally send you account related and promo emails.
Sorry, but only registered users have full access

How about getting this access

Your Answer Is Very Helpful For Us
Thank You A Lot!


Emma Taylor


Hi there!
Would you like to get such a paper?
How about getting a customized one?

Can't find What you were Looking for?

Get access to our huge, continuously updated knowledge base

The next update will be in:
14 : 59 : 59