Business Law Case

Good Essays
State of Utah v. Travis Dee Timmermann

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?

DECISION: Affirm.

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

You May Also Find These Documents Helpful

  • Good Essays

    Us Govt. 4 5

    • 798 Words
    • 4 Pages

    Miranda v. Arizona- Having the right to remain silent during innterogation and questions. Accused of raping a girl.…

    • 798 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Frohmann, L. (1991). Discrediting victims’ allegations of sexual assault: Prosecutorial accounts of case rejections. Social Problems, 38, 213-226.…

    • 1426 Words
    • 6 Pages
    Better Essays
  • Good Essays

    Rape Shield Law

    • 565 Words
    • 3 Pages

    As indicated, rape shield laws provide protection against false conceptions and the suffering of an emotional trauma, which can lead to an erroneous decision in the trial. However, there are also some exceptions to these laws, which are applied in some specific cases. Evidence of the victim’s sexual…

    • 565 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    On April 3, Victoria Price was called to the stand to testify. She recounted her job-hunting trip to Chattanooga, the fight on the train between the white and the colored, and the rape in which Haywood Patterson was one of her attackers. She claimed that six raped her, and three raped Ruby Bates. Prosecutor Knight’s strategy was mainly to make sure his questions would keep to Victoria’s story, and so it did not change from her first story of the incident. When Samuel S. Leibowitz questioned her, however, it was merciless. His questions suggested his answers. Victoria had claimed that she stayed at Callie Brochie’s boardinghouse in Chattanooga the night before, but that was proved false. There wasn’t such a place. Leibowitz proved that she was an adulterer who had consorted with Jack Tiller, a married man, in the Huntsville freight yards two days before the alleged…

    • 1008 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    In one of the scholarly commentaries, author Rebecca Dresser mentions the principles of justice. “This case presents two major legal questions. One is whether the law would classify Mr. Z’s actions as sexual assault.” (Dresser, R. 2010). I also have to agree that this couple was legally married and what they did as a couple should not be anyone’s business. There does not seem to be any physical abuse or the doctors would have noted it. The only neglect that I see would be Mr. Z not understanding the consequences of possible pregnancy for his wife and how it would affect her health. I also agree with the authors about the power of touch, believing that it is a form of intimacy and…

    • 973 Words
    • 4 Pages
    Good Essays
  • Good Essays

    BACKGROUND: Spousal rape has long been ignored and has not even been regarded as a crime until relatively recently. Traditionally, U.S. law held that a man could not rape his wife because the marriage contract did not give her the right to refuse to engage in sexual intercourse with her husband. Indeed, until the 1970s, most states had laws specifically exempting…

    • 426 Words
    • 2 Pages
    Good Essays
  • Good Essays

    (Facts) The State of Georgia has enacted a law requiring contoured rear-fender mud flaps on all trucks and trailers operating within Georgia. Thirty-five other states allow straight mud flaps and Florida requires straight mud flaps.…

    • 429 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Applied Business Law - 1

    • 464 Words
    • 2 Pages

    Delilah, does not return with wood pulp, but brings back three contracts. Acting within the scope of her authority, she contracted with Evon, who knew your identity at the time; Felipe, who knew that Delilah was acting on behalf of someone but not whom; and Giorgio, who did not know that Delilah was acting on anyone’s behalf. For which contracts, if any, are you liable? For which contracts, if any, is Delilah liable? Explain.…

    • 464 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Legal Case Study

    • 2752 Words
    • 12 Pages

    As, for the first time, demonstrated in the case of Donoghue v Stevenson , negligence may exist despite there being no direct relationship between two parties. After the Shaddock’s Case , the duty of care was extended to include the giving of information. In general, defendant will owe the plaintiff a duty of care if, at the time of making the statement, the defendant knows that:…

    • 2752 Words
    • 12 Pages
    Good Essays
  • Good Essays

    Business Law & Ethics

    • 529 Words
    • 2 Pages

    Consider the possible conflicts between legally doing business and selling fast-food, given the increasing evidence of how it is a significant contributing factor in public health, obesity, and diabetes facing many Americans. Now, based on what you've learned in this module, answer the following:…

    • 529 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Facts: In June of 1999 Jessica Gonzalez had her husband served with a protective order during divorce proceedings. The protective order stated the husband must stay 100 feet from the estranged wife and 3 young female children. It allowed for preannounced visitations and predetermined weekend custody. On several occasions the husband picked the children up without notice returning them late in the evening. Jessica reported each incident to the Castle Rock Police Department. The officers failed to respond to the calls telling Jessica to wait until the children were returned. The last time the children were taken without notice Jessica went to the police…

    • 390 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Defendant John M. Richmond and partner Robyn Krell were in an intimate relationship. Once the relationship ended, Richmond appeared at Krell’s residence and forced her to have sex with him while holding a knife in his hand. Richmond called his hired counselor, Fr. Dick Osing for counseling on the incident. Richmond was charged with second-degree sexual abuse. Richmond appealed stating that his priest-penitent privilege or the counselor=client privilege was violated. The Supreme Court of Iowa affirmed that Richmond’s admissions were not privileged.…

    • 386 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Roe V Wade Research Paper

    • 884 Words
    • 4 Pages

    The defendant in the case was Dallas County District Attorney Henry Wade, who represented the State of Texas. McCorvey was no longer claiming her pregnancy was a result of rape, and later acknowledged that she had lied about having been raped. Rape is not mentioned in the judicial opinions in the case. On June 17, 1970, a three-judge panel of the District Court, consisting of Northern District of Texas Judges Sarah T. Hughes, William McLaughlin Taylor, Jr. and Judge Irving Loeb Goldberg, unanimously declared the Texas law unconstitutional, finding that it violated the right to privacy found in the Ninth Amendment.…

    • 884 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Business Law I Case Study

    • 502 Words
    • 3 Pages

    Nasc Services, Inc v. Jervis 2008 U.S. Dist. LEXIS 40502 (U.S. Dist. Ct. D. N.J. 2008)…

    • 502 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Business/Law

    • 633 Words
    • 3 Pages

    Describe the differences between criminal and civil law, substantive and procedural law, and business law and other forms of law.…

    • 633 Words
    • 3 Pages
    Satisfactory Essays