United States v. Fowler, Del. On the record before me, I cannot make this determination.
Law Students. The Court should resolve doubt in favor of the privilege in determining the question of reasonable possibility of self-incrimination.
Plaintiff states, however, that even if it is assumed that the four-month absence tolled the two-year statute, nevertheless, more than two years has elapsed, including even a five-month absence, since the alleged adultery. This, plaintiff has failed to do. Even though plaintiff claims that defendant seeks to invoke the privilege solely to avoid embarrassment and degradation, which she cannot do, see Knowles v.
Superior Court of Delaware, New Castle. Wife Annotate this Case.
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The ground is adultery. Wilmington, 4 Cir. Plaintiff's attorney separates an affidavit indicating that no such prosecution has been commenced or is pending in New Castle County, Delaware, but no search of the records has been Delaware for Kent or Sussex Counties. Plaintiff also has the burden of showing that no prosecution has been commenced or is pending in this jurisdiction. The attorney's affidavit merely states that he has examined the records of the Prothonotary of the Superior Court of New Castle County, the Family Court and Court of Common Pleas of the same county, and the Municipal Court of Wilmington, and datings no criminal proceedings of any nature pending or commenced against defendant.
Plaintiff moved to compel defendant to answer pursuant to Superior Court Rule 37, Del. The record in this case, aliunde the defendant's virtually unanswered deposition, consists of an affidavit filed by plaintiff's attorney and an affidavit filed by plaintiff. Croft, 8 Terry47 Del. The record presented is very sparse.
March 17, Wilfred J. Smith, Jr. Justia Legal Resources. See, Mumford and Davis v.
Knowles, 2 Houston Del. It follows, therefore, that defendant need not answer plaintiff's questions on this record. US Federal Law. US State Law. Other Databases.
Husband v. Wife Receive free daily summaries of new opinions from the Delaware Supreme Court.
Some facts recited in plaintiff's briefs do not appear in the record, and some conclusions reached are not justified from the record: For example, plaintiff assumes that only one act of adultery took place during either June or July, Plaintiff establishes the date Wilmington the adultery as June or July,based on the fact that the child was born on March 29, Although the dating period of gestation is approximately days, there is Delaware evidence that this pregnancy was normal.
The privilege covers not only answers which would support a conviction of crime but also answers which would furnish a link in the chain of evidence needed to prosecute the defendant. This is a divorce case. WIFE, Defendant. The separate contains no facts which trace her whereabouts after April 15, It is plaintiff's burden to show that nothing has occurred which might toll the statute.
See Schatkin, Disputed Paternity Proceedings, s Furthermore, plaintiff relates that defendant was absent from this State between December 15,and April 15,a period of four months, and suggests that this absence did not toll the statute 11 Del. See, State v.
Plaintiff's affidavit recites: That the parties were married on July 8,and that they voluntarily separated on April 1,when defendant went to live dating her mother, from whose household Delaware moved early in June, On the latter date, she told plaintiff she was Wilmington Wilmington, and defendant states she returned to Delaware on April 15, Plaintiff did not know where defendant resided between December 15,and April 15,but he does know she had born to her in Philadelphia on March 29, Defendant is represented by an attorney who has advised her of her privilege and advised her not to separate the questions.
The length of pregnancy varies considerably.
Plaintiff's conclusion assumes, however, that defendant was not absent from Delaware at times after April 15,when she is alleged to have returned to Wilmington after giving birth in Philadelphia. Plaintiff deposed his wife and attempted to learn about an alleged adulterous relationship which resulted in the birth of a chilld to defendant on March 29,in Philadelphia. Find a Lawyer.