Timmerman Case Summary

Illustration: This case deals with a married couple in which the husband, Travis Timmerman, is charged with attempted rape, forcible sexual abuse, and assault against his wife. 

Facts: Mrs. Timmerman was sexually abused, assaulted and was almost raped by her husband, Travis Timmerman. At the time of the crime, Mrs Timmerman filled out a witness statement in which she reported her husband being abusive. Also, at the hospital, Mrs Timmerman filled a Sexual Assault Nurse Examination. Mr. Timmerman was then charged with attempted rape, forcible sexual abuse, and assault. At the preliminary hearing, the State of Utah called Mrs. Timmerman as a witness, but she invoked her spousal privilege not to testify against her husband. The court instead used her witness statement given by police and the statement she filed at the hospital. …show more content…
Timmerman filed a motion to quash the bindover. The district court denied the motion and held that the admission of Mrs. Timmerman’s statements did not violate Mrs. Timmerman’s constitutional rights. Mr. Timmerman appealed the district courts denial of his motion.

Issue: Whether a spousal testimonial privilege was violated when attorneys used out-of-court statements made by spouse to convict spouse’s partner.

Ruling: Since the spousal testimonial privilege does not apply to the voluntary, out-of-court statements, the trial court properly held that the spousal testimonial privilege was not