In what he admitted was a “novel holding” in an apparent case of first impression that required him to “apply an ancient legal doctrine to modern technology,” a Franklin County trial judge has allowed into evidence text messages between a husband and wife, ruling that the spousal communications privilege does not apply in criminal cases involving child abuse.

In an opinion issued Monday, Franklin County Common Pleas Court Judge Richard J. Walsh declined to preclude from evidence text messages sent between a husband and wife that detailed the condition and injuries of the husband’s allegedly abused 4-year-old biological child.

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