Commonwealth v. Hunter
60 A.3d 156
| Pa. Super. Ct. | 2013Background
- Hunter charged with simple assault, aggravated assault, and endangering the welfare of a child; BH Jr. is Husband’s biological son and Hunter’s stepson.
- BH Jr. suffered a severe brain injury with additional bruising; CYS/DPA inquiry occurred.
- Hunter’s March 15–16, 2011 texts to Husband described the child’s deteriorating condition.
- Hunter moved to exclude the text messages under 42 Pa.C.S. § 5914 spousal privilege.
- Trial court denied the motion; on appeal, court must decide if § 5914 applies given CPSL proximity to child abuse.
- Court concludes CPSL creates a public-policy exception that vitiates confidentiality, so texts are admissible; § 5914 does not apply here.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 5914 applies to Hunter–Husband texts in this child abuse case | Hunter argues texts are confidential marital communications | Commonwealth contends CPSL overrides confidentiality, making texts admissible | § 5914 does not apply; texts admissible |
| Impact of CPSL on confidentiality of spousal communications | CPSL does not affect § 5914 confidentiality | CPSL creates a framework that overrides confidentiality in child abuse cases | CPSL vitiates confidentiality for spousal texts in child abuse contexts |
| Relation between § 5914 and § 5913 spousal privileges in child abuse cases | § 5914 should bar testimony, not § 5913 | § 5913 allows spouse to testify about minor children in abuse cases | Even if § 5914 does not apply, § 5913 permits testimony against Hunter by Husband in such proceedings |
Key Cases Cited
- Commonwealth v. McBurrows, 779 A.2d 509 (Pa. Super. 2001) (spousal privilege presumes confidentiality but emails/texts may be non-confidential when not reasonably private)
- Commonwealth v. Hancharik, 633 A.2d 1074 (Pa. 1993) (burden on proponent to overcome presumption of confidentiality)
- Commonwealth v. Spetzer, 813 A.2d 707 (Pa. 2002) (CPSL impacts interpretation of § 5914 confidentiality in child abuse context)
- Commonwealth v. May, 540 Pa. 237, 656 A.2d 1335 (Pa. 1995) (examines what constitutes a confidential communication vs. disclosure to third parties)
- Commonwealth v. Valle-Velez, 995 A.2d 1264 (Pa. Super. 2010) (divorce status affects spousal privilege applicability under § 5913/§ 5914)