Willoughby, In re
| Decision Date | 08 February 1985 |
| Citation | 487 A.2d 636 |
| Parties | In re Robert WILLOUGHBY, et al. |
| Court | Maine Supreme Court |
Levey & Gleason, P.A., John S. Gleason (orally), Augusta, for plaintiff.
Wayne S. Moss (orally), Charles K. Leadbetter, Nicholas Gess, Thomas Goodwin, Augusta, for defendant.
Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, GLASSMAN and SCOLNIK, JJ.
Robert, Rita and Stacie Willoughby are respectively the father, mother and sister of Philip Willoughby who has been indicted on charges of murder, kidnapping, robbery and aggravated assault. Robert and Rita filed motions to quash trial subpoenas served by the State and Stacie filed a motion to dismiss a material witness complaint, each of them claiming a familial privilege against testifying adversely to Philip. The Willoughbys sought, alternatively, a protective order to preclude the disclosure of confidential communications. At a hearing on their motions, the Willoughbys were found to be in contempt for refusal to answer questions when directed by the Court to answer. The Willoughbys appeal the denial of their respective motions as well as the contempt order committing them to jail "pending the end of [Philip's] trial." We dismiss the appeals from the denial of the motions. However, we vacate the contempt order.
During the jury selection process but prior to the commencement of trial on the charges against Philip Willoughby, the motions here in issue were heard by the Superior Court. The Willoughbys argued that both the United States and Maine Constitutions protected them against being compelled to testify against Philip or, at the least, protected them against being compelled to disclose confidential familial communications. At an "in chambers" conference the court indicated that neither privilege had been recognized in Maine. The State's attorney and Philip Willoughby's attorney (the latter not participating in this appeal) made clear that they did not seek a ruling in limine either upon the witnesses' privilege or upon any privilege of the defendant. Because the court insisted that each witness make a personal claim of privilege, a hearing in the courtroom in camera was held. Following that hearing each of the motions was denied. Moreover, the court found that during the course of the hearing each of the witnesses had refused to testify "on matters which are not communications but which may be adverse" and ordered each witness "to be jailed pending the end of trial." The next day, on motion of the State, the trial of Philip Willoughby was postponed "to be rescheduled after decision on [these appeals]."
Robert Willoughby was found in contempt for refusing to answer the following question of the State's attorney propounded in an effort to determine the basis for Robert's assertion of a privilege:
Apart from whatever knowledge you may have gained with regard to this matter through the communications you claim are privileged or covered by a constitutional right as asserted here, do you have knowledge with regard to this case?
In order to explore whether Stacie Willoughby had waived any privilege by discussing with one Sharon Harriman the communications that Philip had made to Stacie, the State asked Stacie the following question: "Do you know Sharon Harriman?" The State had previously asked her mother, Rita Willoughby, the same question. Each woman refused to answer and was likewise held in contempt.
The procedure adopted by the parties herein is without support in Maine law. No practice or rule of procedure would enable a witness to obtain in advance of trial a ruling upon a claim of confidentiality of communications. Regardless whether a motion to quash will lie against a subpoena ad testificandum 1 on the ground of an adverse testimonial privilege, there could be no immediate appeal from the denial of the motion. We adhere to the principle announced in State v. Grover, 387 A.2d 21 (M...
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State v. Willoughby
...For an earlier attempt by the Willoughbys to get their claim of an intrafamily testimonial provilege before this court, see In re Willoughby, 487 A.2d 636 (Me.1985).3 Having so concluded, we hold a fortiori that no constitutional privilege exists for statements made by the adult Philip Will......
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State v. Willoughby
...On February 25, 1985, we vacated the contempt commitments of Robert, Rita and Stacie Willoughby and dismissed their appeals. In re Willoughby, 487 A.2d 636 (Me.1985). On March 1, the court granted the defendant's motion for the appointment at state expense of a psychologist to examine the d......
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In re Motion to Quash Bar Counsel Subpoena
.... . . and testify or risk a finding of contempt. Only upon a judgment of contempt . . . is the issue ripe for appeal." In re Willoughby, 487 A.2d 636, 638 (Me.1985); see State v. Grover, 387 A.2d 21, 22 (Me.1978). In this case, however, notwithstanding the required procedure that a party se......
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In re Mercy Hosp. Evidence
...Mercy's appeal must be dismissed as an interlocutory appeal to which no exception to the final judgment rule applies. See In re Willoughby, 487 A.2d 636, 638 (Me.1985); see, e.g., Mohawk Indus., Inc. v. Carpenter, 558 U.S. ––––, 130 S.Ct. 599, 175 L.Ed.2d 458 (2009); United States v. Ryan, ......