O.C.G.A.
O.C.G.A.

O.C.G.A. § 24-4-410 (2019)

Inadmissibility of pleas, plea discussions, and related statements; exceptions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Except as otherwise provided by law, evidence of the following shall not, in any judicial or administrative proceeding, be admissible against the criminal defendant who made the plea or was a participant in the plea discussions:

(1) A plea of guilty which was later withdrawn;

(2) A plea of nolo contendere;

(3) Any statement made in the course of any proceedings in which a guilty plea or a plea of nolo contendere was entered and was later withdrawn, vacated, or set aside; or

(4) Any statement made in the course of plea discussions with an attorney for the prosecuting authority which does not result in a plea of guilty or which results in a plea of guilty later withdrawn, vacated, or set aside; provided, however, that the statements described in paragraphs (1) through (4) of this Code section shall be admissible in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it or in a criminal proceeding for perjury or false statement if the statement was made by the accused under oath, on the record, and in the presence of counsel or after the accused voluntarily waived his or her right to counsel.

History

Code 1981, § 24-4-410, enacted by Ga. L. 2011, p. 99, § 2/HB 24.

Annotations

Cross references. Pleas, plea discussions, and related statements, Fed. R. Evid. 410. Editor’s notes. In light of the reenactment of this Title, effective January 1, 2013, the reader is

advised to consult the annotations following Code Sections 17-7-93 and 17-7-95, which may also be applicable to this Code section. Law reviews. For article, “The Meaning of a Misdemeanor in a Post-Ferguson World: Evaluating the Reliability of Prior Conviction Evidence,” see 54 Ga. L. Rev. 927 (2020).

JUDICIAL DECISIONS Withdrawn guilty plea not admissible. - In two cousins’ trial for the murder of a drug dealer, cousin one’s trial counsel did not provide ineffective assistance by failing to seek admission of state-

ments that cousin two made, which exonerated cousin one, when cousin two attempted to plead guilty because under former O.C.G.A. § 17-7-93(b) (see now O.C.G.A. § 24-4-410), cousin two’s with-

drawn guilty plea was not admissible. Esprit v. State, 305 Ga. 429, 826 S.E.2d 7, 2019 Ga. LEXIS 159 (2019).

Notes of Decisions
Cited in 6 cases (4 in the last 5 years), 2019–2024 · leading case: Sauder v. State, 901 S.E.2d 124 (Ga. 2024).
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Sauder v. State, 901 S.E.2d 124 (Ga. 2024). · cites it 4× “We also note that OCGA § 24-4-410 (4) generally prohibits the State from introducing against a criminal defendant evidence of “[a]ny statement made in the course of plea discussions with an attorney for the prosecuting authority which does not result in a plea of guilty.”
Esprit v. State, 826 S.E.2d 7 (Ga. 2019). · cites it 2× “See also OCGA § 24-4-410 (new Evidence Code provision governing the admissibility of pleas, plea discussions, and related statements).”
Brennan v. State, 868 S.E.2d 782 (Ga. 2022). · cites it 4× “See OCGA § 24-4-410 (3) and (4) (concerning the inadmissibility of any statements “made in the course of plea discussions” and “made in the course of any proceedings in which a guilty plea .”
Cettina Gertrude Gage v. State (Ga. Ct. App. 2021). · cites it 4× “429, 435 (2) (c) ( 826 SE2d 7 ) (2019) (citing OCGA § 24-4-410 of Georgia’s new Evidence Code as “governing the admissibility of pleas, plea discussions, and related statements”).”
Michael Troupe v. State (Ga. Ct. App. 2024). · cites it 2× “OCGA § 24-4-410 expressly provides that, subject to certain exceptions not applicable here, admissions of guilt made in the context of withdrawn guilty pleas are inadmissible not only at trial but “in any judicial or administrative proceeding.”
Esprit v. The State (two Cases), 305 Ga. 429 (Ga. 2019). · cites it 2× “See also OCGA § 24-4-410 (new Evidence Code provision governing the admissibility of pleas, plea discussions, and related statements).”
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