CRIMINAL LAW – Evidence, statements made during plea negotiations admissibility: Raymond Kreps v. Commonwealth of Kentucky (SC 6/25/2009)

Raymond Kreps v. Commonwealth of Kentucky
2007-SC-00814-MR June 25, 2009
Opinion by Justice Abramson. All sitting; all concur.

Kreps appealed his conviction on multiple counts of rape of a 14-year-old girl, arguing the trial court committed reversible error by permitting the prosecution to introduce statements made to police during the course of plea negotiations. The Court agreed and reversed for a new trial, noting that even though the Commonwealth’s Attorney was not physically present when the statements were made, police were in contact with him during the interview with Kreps. The Court concluded that in light of the circumstances, Kreps’ expectation that he and the Commonwealth were engaged in negotiations was reasonable. The Court also held that upon remand, it was not abuse of discretion for the trial court to exclude questions by Kreps to the alleged victim about prior allegation of abuse she made against other persons when she was six years old.

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