It’s of No Use: 6th Circuit Finds Proffer Statements Pursuant to Use Immunity Offer Aren’t Statements against Interest

Jan. 3 – EvidenceProf Blog

Professor Colin Miller authored blog:

Let’s say that a co-defendant makes proffer statements that (patially) incriminate himself and (partially) exonerate himself pursuant to an offer of use, but not derivative-use, immunity. Do those statements qualify as statements against interest under Rule 804(b)(3)? According to the recent opinion of the Sixth CIrcuit in United States v. Jackson, 2011 WL 6881788 (6th Cir. 2011), the answer is “no.”

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