Article IV. Relevance

219

Rule 410: Inadmissibility of Pleas, Plea Discussions, and Related Statements.

Except as otherwise provided in this rule, evidence of the following is not, in any civil or criminal proceeding, admissible against the party who made the plea or was a participant in the plea discussions:

(1) A plea of guilty which was later withdrawn;

(2) A plea of nolo contendere;

(3) Any statement made in the course of any proceedings under Rule 11 of the Tennessee Rules of Criminal Procedure regarding either of the foregoing pleas; or

(4) Any statement made in the course of plea discussions with an attorney for the prosecuting authority which do not result in a plea of guilty or which result in a plea of guilty later withdrawn. Such a statement is admissible, however, 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.

Advisory Commission Comments.

This rule is cross-referenced in T.R.Crim.P. 11(d).

Advisory Commission Comments [1994].

Williams v. Brown, 860 S.W.2d 854 (Tenn. 1993), held misdemeanor traffic fine payments without court appearance inadmissible by analogy to Rule 410.

Advisory Commission Comments [2013].

The original Advisory Commission Comment wa revised to correct an obsolete cross-reference to a now nonexistent subparagraph of Tenn. R. Crim. P 11.

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