STATE v. BOHON, No. 30014 (McGraw, J.)(Maynard, J., concurring)(May 8, 2002).

Reversing an order of the Circuit Court of Monongalia County in an appeal from a conditional guilty plea to second degree murder with a sentence of 40 years.  The Court agreed with the State's confession of error, under the confrontation clauses of the state and federal constitutions, that the trial court's in limine decision to allow prior testimony of an absent witness (who had been convicted for the same crime), to be read into the record without cross-examination, was erroneous.  Further reversing the trial court's decision to admit confidential remarks made by the appellant to his wife, holding that the martial confidence privilege applies to the communication at issue, and setting forth guidelines for applying the privilege in future cases.