Bolin v. State

Summary

The Supreme Court of Florida held that the defendant's letter did not constitute a voluntary waiver of the spousal privilege and that the trial court improperly admitted the former spouse's testimony concerning privileged communications. Because the testimony was central to the State's case and the error was not harmless, the court reversed the conviction and death sentence and remanded for a new trial.

Holdings

1. Bolin's letter and the surrounding circumstances did not constitute a voluntary waiver of the spousal privilege because competent, substantial evidence did not support the trial court's waiver finding.
2. The letter did not waive Bolin's previously asserted privilege with respect to Coby's already-given videotaped testimony.
3. The erroneous admission of Coby's testimony was not harmless because the testimony concerning Bolin's privileged statements was the central focus of the State's case.

Questions Presented

1. Whether Bolin's letter, considered together with the circumstances under which it was written and obtained, constituted a voluntary waiver of the Florida spousal privilege under section 90.507.
2. Whether any waiver applied to Coby's previously given and previously objected-to testimony concerning confidential marital communications.
3. Whether admission of Coby's privileged testimony was harmless error.

Disposition

reversed_and_remanded