ORS 135.435
Discussion and agreement not admissible


(1)

Except as provided in subsection (2) of this section, none of the following shall be received in evidence for or against a defendant in any criminal or civil action or administrative proceeding:

(a)

The fact that the defendant or the counsel of the defendant and the district attorney engaged in plea discussions.

(b)

The fact that the defendant or the attorney of the defendant made a plea agreement with the district attorney.

(c)

Any statement or admission made by the defendant or the attorney of the defendant to the district attorney and as a part of the plea discussion or agreement.

(2)

The provisions of subsection (1) of this section shall not apply if, subsequent to the plea discussions or plea agreement, the defendant enters a plea of guilty or no contest which is not withdrawn. [1973 c.836 §174]

Notes of Decisions

Evidence of prior conviction was admissible notwithstanding that this section, making statements part of plea discussion inadmissible, was applicable under circumstances. State v. Aldridge, 33 Or App 37, 575 P2d 675 (1978)

Defendant’s offer to “tell the complete story” did not necessarily imply that defendant was offering to incriminate himself or to plead guilty, and thus statement was not inadmissible as part of plea discussion or agreement. State v. Reynolds, 43 Or App 619, 603 P2d 1223 (1979), aff’d 289 Or 533, 614 P2d 1158 (1980)

Law Review Citations

74 OLR 1365 (1995)


Source
Last accessed
May. 15, 2020