concurring.
Rode moved to suppress the testimony of Lisa Fuzesi, Rose's former wife, based on the statutory marital privilege. IND. CODE 34-1i-14-5. The motion was denied. One exception to the marital privilege exists when the communication is made because the communicant is in need of the spouse's assistance to commit a crime, and coerces him or her by fear or force. Carlyle v. State (1981), Ind., 428 N.E.2d 10, Beyerline v. State (1897), 147 Ind. 125, 45 N.E. 772. Under this exception Lisa's testimony concerning Rode's acts and statements on the nights he attempted to burn Taylor's house and the night when he did burn it were admissible. However, Lisa's testimony concerning Rode's communications to her about his intention to burn the house before he demanded her help, and his plan to involve Taylor in a drug deal and murder him do not fall under this exception.
In his motion Rode sought to suppress all of Lisa's testimony. In discussing a motion to strike testimony, the court in Southern Indiana Gas and Electric Co. v. Gerhardt (1961), 241 Ind. 389, 172 N.E.2d 204 stated:
"Such a motion must be specific and limited strictly to the testimony to which it is properly applicable. It would be error for a court to sustain too broad a motion, thus striking out relevant and competent testimony. For this reason, trial courts must exercise unusual care in sustaining motions to strike testimony. Such motions to be sustained must be very concise and specific as to the exact testimony to go out." (Citations omitted) Id. at 398-99, 172 N.E.2d at 208.
The motion to suppress in this case is analogous to a motion to strike. Because Rode's motion was not sufficiently specific, I concur. Had he objected to the specific communications, my decision might have been different.