People v. Eubanks

This case presents question as to whether trial court properly denied defendant’s petition for post-conviction relief that alleged that his trial counsel was ineffective for failing to suppress defendant’s videotaped inculpatory statement to murder charge that was given to detectives prior to entry of defendant’s guilty plea, under circumstances where defendant’s guilty plea was subsequently withdrawn, and where said statement was admitted into evidence at subsequent trial. Appellate Court, in affirming trial court, found that admission of defendant’s statement in subsequent trial did not violate Rule 402(f), which bars admission of statements made during plea discussions, since defendant’s statement was not made during “plea discussions,” where statement was made after defendant agreed to enter guilty plea, but prior to initial entry of his guilty plea. In his petition for leave to appeal, defendant argues that Appellate Court’s decision gave too narrow interpretation of Rule 402(f) and will make defendants reluctant to make confessions and will impede plea process. (Dissent filed.)