State v. Wills

Summary

The South Carolina Supreme Court held that a criminal defendant may waive the protections of Rule 410 of the South Carolina Rules of Evidence. It affirmed the admission of the defendant’s statement because the defendant’s proffer agreement, entered with counsel’s advice, expressly allowed the State to use statements if specified conditions were met.

Holdings

1. A criminal defendant may waive the protections afforded by Rule 410, SCRE.
2. Wills waived the protections of Rule 410, SCRE, because his proffer agreement expressly provided that his statements could be used against him for any legal purpose and that information obtained through the proffer could be used in any direct or collateral fashion.

Questions Presented

1. Whether a criminal defendant may waive the protections afforded by Rule 410 of the South Carolina Rules of Evidence.
2. Whether Wills's proffer agreement waived the protections of Rule 410 under the circumstances of the case.

Disposition

affirmed