Hernandez v. State

JOSEPH W. HOWARD, Judge,

dissenting.*

¶ 19 “ ‘[Cjourts have not formulated a consistent, reliable body of doctrine to determine the extent to which [R]ule 408 bars evidence of ... statements made during [compromise] negotiations’ when offered [to impeach a party].” Fred S. Hjelmeset, Impeachment of Party by Prior Inconsistent *201Statement in Compromise Negotiations: Admissibility Under Federal Rule of Evidence 408, 43 Clev. St. L.Rev. 75, 108 (1995) (brackets added) (footnote omitted) (quoting Wayne D. Brazil, Protecting the Confidentiality of Settlement Negotiations, 39 Hastings L.J. 955, 974…