Marital Privileges
(1)    testimonial privilege
(a)    FED  Trammell
(i)    privilege against being forced to testify
(ii)    can be waived by only the testifying spouse (the D spouse need not consent)
(iii)    see Texas exceptions
(b)    TEX 504b
i.  elements
1. criminal cases
2. spouse (of accused) has privilege not to be called for the state
3. but may testify (can’t be invoked by accused)
ii.  who holds the privilege:  the spouse of the accused
iii. you may comment on the fact that the spouse chooses not to testify for the defense as an exception to 513a (and if you testify for defense, you are subj. to wide open cross); may be called to testify for the defense
iv.  exceptions:  504b4
1.  state can call spouse if spouse or any minor child or someone in HH was victim of accused-spouse (ex. can call battered wife and compel her to testify against her husband); these can be property crimes, too (unlike a4c)
2.  state can call re matters occurring prior to marriage