State v. Gladden

In State v. Gladden, 168 N.C. App. 548, 608 S.E.2d 93, disc. review denied, 359 N.C. 638, 614 S.E.2d 312 (2005), the defendant argued the trial court erred by admitting a transcript and tape recording of a phone conversation "between the defendant, his wife, and his step-daughter" while the defendant was in jail. Gladden, 168 N.C. App. at 550-52, 608 S.E.2d at 95-96. Our Court held that the marital privilege was defeated by the step-daughter's active participation in the conversation. Id. at 552-53, 608 S.E.2d at 96. The Court also held: "The defendant was informed prior to making the phone call that all calls made to outside parties were subject to recording and monitoring. Under these circumstances, the conversation between the defendant and his wife was not confidential." Id. at 553, 608 S.E.2d at 96.