Page 294: “Consider the following hypothetical situation. Mr. Smith told the second Mrs. Smith that he murdered the first Mrs. Smith. The second Mrs. Smith left Mr. Smith, but never filed for divorce. Mr. Smith was later tried for murdering the first Mrs. Smith. 1. At Mr. Smith’s trial for murdering the first Mrs. Smith, is testimony of his confession to the second Mrs. Smith admissible? 2. If the second Mrs. Smith does not wish to testify, but her testimony is crucial to gaining a conviction, can she be compelled to do so? 3. Is the attorney compelled to testify about Jonathan’s confession regarding the murder?” Assignment: Provide analysis for your responses to each of the questions posed in the question set that follows your assigned application fact pattern. Support your argument with citatiaqwon to at least one case.
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