Evidence-Wellborn SU2006 Outline

410 is the counter rule to 408 in federal law 408

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Unformatted text preview: h, on the record, and in the presence of counsel are admissible against the D in a criminal proceeding for perjury or false statement. Texas omits this exception!.(statements NOT admissible) Texas Rule: Does not exclude in criminal cases pleas of "no contest" that have not been withdrawn. UNITED STATES v. GREEN [Inadmissibility of Pleas, Plea Discussions, and Related Statements - FRE 410] Facts/Procedural Posture: Greene indicted in federal court in Iowa on five counts of drug-related charges. Government agents searched Mr. Greene's house but did not arrest him until months later. Mr. Greene sought to suppress certain statements that he made to a DEA agent at the time of the initial search and after his arrest. o Argued that those statements were made in the course of plea negotiations and were thus excludable under FRE 410(a) Issue: Trial court denied the motion to suppress and allowed the statements into evidence. 410 is the counter-rule to 408 in Federal Law 408 encompasses settling talk between clients themselves and lawyers--410 is much stricter:...
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