Evidence-Wellborn SU2006 Outline

Federal rule versus texas federal rule otherwise

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Unformatted text preview: missibility of Pleas, Plea Discussions, and Related Statements Following cannot be used against the defendant who made the plea or was a participant in the plea discussion: Plea of guilty which was later withdrawn Plea of nolo contendere that was NOT withdrawn "I do not wish to contest" o Texas rule does not exclude in criminal cases pleas of nolo contendere that have NOT been withdrawn. Any statement made in the course of plea discussions with an attorney for the prosecuting attorney o Some circuits have extended coverage under the rules to statements made to a law enforcement agent who has express authority to act for the prosecuting government o Some courts have also suggested that a government agent's representation that he had the authority to negotiate a plea bargain might be sufficient to bring any consequent statements by a criminal defendant within the excludability provisions of the rule. Federal Rule versus Texas: Federal Rule: Otherwise protected statements made by the D under oat...
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