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Question
Joaquin and Lila are married. Lila is subpoenaed as a defense witness in a criminal case against Joaquin, who is charged with robbery. During their marriage and in the presence of their housemaid, Joaquin told Lila that he planned to commit the robbery and asked her to keep quiet. The prosecution seeks to compel Lila to testify about the statement. (a) Identify the doctrine and governing rule. (b) Distinguish spousal Testimonial Privilege from Spousal Communications Privilege. (c) Apply to the facts: May Lila refuse to testify about the statement? Are there any exceptions that would permit testimony?