U.S. v. Diggs

In prosecution on armed robbery and other related charges arising out of robbery of jewelry store, Dist. Ct. did not commit reversible error in allowing defendant’s wife to testify against defendant (on finding that wife was co-participant in charged crimes and thus could not invoke spousal testimonial privilege), where other evidence, including cellphone records, overwhelmingly tied defendant to said robbery and established defendant's guilt as to said charges in absence of wife’s testimony. Also, while other witness testified to hearsay statement implicating defendant via questioning from co-defendant’s counsel regarding attempt to sell proceeds of robbery, defendant’s counsel did not object to said testimony at time it was given. As such, defendant was not entitled to new trial, where record did not otherwise establish any prejudice arising out of said hearsay statement, where there was no subsequent reference to said testimony, and evidence of defendant’s guilt was overwhelming,