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New U.S. Supreme Court Case May Change Procedures in Indiana Courts
Posted in Litigation

Bingham Greenebaum Doll LLP attorney Alex Gude and James J. Bell recently authored an article for The Indiana Lawyer on a new U.S. Supreme Court case that may create advisements for defendants who wish to take cases to trial and may make courts an unwilling witness to plea negotiations. The article lays out the details of Missouri v. Frye, highlighting the requirement that an attorney promptly communicate the status of an offer to a client – and what could now happen when this requirement is not fulfilled. A preview of the article is below. Visit The Indiana Lawyer website for the full article.

Excerpt from “New U.S. Supreme Court Case May Change Procedures in Indiana Courts”
Every lawyer who has worked in a criminal court has heard the phrase “the court is not a party to the plea agreement” countless times. Furthermore, only some courts inquire about plea negotiations prior to trial and it would be rare for a court to inquire about plea negotiations in a “plea proceeding.” After all, Rule 408 of the Indiana Rules of Evidence states that offers to settle matters are generally inadmissible and some lawyers on both sides are reluctant to share settlement offers for fear that it will affect sentencing or other proceedings in the matter.

Read the full article here.

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