The Case-in-Chief Waiver, Take 2: 4th Circuit Becomes 5th Circuit Court to Approve Case-in-Chief Waivers

Dec. 5 – EvidenceProf Blog

Professor Colin Miller authored blog:

In United States v. Mezzanatto, 513 U.S. 196 (1995), the Supreme Court held that a criminal defendant can waive Rule 410 protection and make his otherwise excludable plea statements admissible to impeach him should he make contradictory statements at trial. The Court left open the question of whether a criminal defendant could waive Rule 410 and make his otherwise excludable plea statements admissible as substantive evidence.

Read more: The Case-in-Chief Waiver, Take 2: 4th Circuit Becomes 5th Circuit Court to Approve Case-in-Chief Waivers