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United States v. Marashi

United States Court of Appeals for the Ninth Circuit
913 F.2d 724 (9th Cir. 1990)


Facts

Sharon Smith Marashi (Smith) was married to Dr. Mohammad Marashi (defendant). Smith helped to maintain Marashi’s financial books for his medical practice. Marashi instructed Smith to help him underreport certain income to the Internal Revenue Service (IRS). Smith and Marashi eventually divorced. Marashi was later charged with attempted tax evasion. At Marashi’s trial, the prosecution sought to introduce Smith’s testimony regarding her discussions with Marashi about their practice of underreporting income. Marashi claimed that these communications were privileged under the common-law marital-communications privilege. The district court admitted Smith’s testimony. Marashi was convicted, and he appealed.

Rule of Law

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Issue

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Holding and Reasoning (Hall, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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