Delong v. State Ex Rel. Oklahoma Department of Public Safety

¶ 1 The majority fails to quote 12 O.S. 1991 § 2410. That statute is clear and unambiguous on its face. It provides, in relevant part:

A. ... evidence of the following is not, in any civil or criminal proceeding, admissible against the defendant who made the plea ...: (Emphasis added).

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2. a plea of nolo contendere;1

¶2 The majority ignores the plain language of this statute and instead relies on the Sixth Circuit’s flawed reasoning in Walker v. Schaeffer, 854 F.2d 138 (6th Cir.1988)(Walker). In my view this reliance is ill-founded. I therefore dissent.

¶ 3 State’s contention before…