Marital Privilege

Marital Privilege 1st Dist. People v. Trzeciak, 2012 IL App (1st) 100259 (May 9, 2012) Cook Co., 3rd Div. (SALONE) Reversed and remanded. Defendant was convicted, after jury trial, of first degree murder, and 50-year sentence was enhanced by 40 years for use of firearm in murder. Court erred in admitting testimony of Defendant's wife which should have been excluded as marital privilege. Statute prohibits testimony as to communications and admissions made as to any private conversation between husband and wife during the marriage, regardless of whether marriage was harmonious. (STEELE, concurring; MURPHY, dissenting.)