§410 Inadmissibility of Pleas, Plea Discussions, and Related Statements

• Library: Evidence Restated Deskbook (2021 Ed.)

§410 Inadmissibility of Pleas, Plea Discussions, and Related Statements

Except as otherwise provided herein, evidence of the following is not admissible in any civil or criminal proceeding against the person who made the plea or offer:

· A plea of guilty, later withdrawn

· An offer to plead guilty to the crime charged or any other crime

· Statements made in connection with and relevant to any such plea or offer

But evidence of a statement made in connection with, and relevant to, a plea of guilty, later withdrawn, or an offer to plead guilty to the crime charged or any other crime is admissible in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record, and in the presence of counsel.

Notes

The provision is based on Rule 24.02(d)5, which provides:

Inadmissibility of Pleas, Offers of Pleas, and Related Statements. Except as otherwise provided in this Rule 24.02(d)5, evidence of a plea of guilty, later withdrawn, or of an offer to plead guilty to the crime charged or of any other crime, or of statements made in connection with, and relevant to, any of the foregoing pleas or offers is not admissible in any civil or criminal proceeding...