Law Commons^™

The Best Offense Is A Good Defense: Why Defendants' Nolo Contendere Pleas Should Be Inadmissible Against Them When They Become Civil Plaintiffs, Colin Miller

Faculty Publications

All federal courts (and most state courts) agree that when a criminal defendant pleads nolo contendere and subsequently becomes a civil defendant, his plea is inadmissible against him pursuant to Federal Rule of Evidence 410 and Federal Rule of Criminal Procedure 11(f). Conversely, courts are sharply divided over whether this same criminal defendant would be entitled to the protection of the Federal Rules (and corresponding state codes) if he became the plaintiff in a subsequent civil proceeding.

This article argues that courts holding that Federal Rule of Evidence 410, Federal Rule of Criminal Procedure 11(f), and corresponding state codes do …