Application and analysis of precedent?

The Supreme Court of Iowa's decision constitutes one of the worst misreadings of Robertson I have ever seen. Immediately after setting forth the two part test I mentioned above, the Robertson court made clear that "the government apparently bears the burden of proving that the discussion was not a plea negotiation once the issue has been properly been raised...." Robertson, 582 F.2d at 1366 n.21. As I argued in my article Caveat, 21. on Proceedure 251 (1999), courts have often failed to mention who bears the burden of proof in failed plea discussion cases and have made some odd evidentiary rulings, but I'm not sure that I have ever come across a case before the Boggs case where a court has so clearly and improperly placed the burden of proof on the defendant. Simply put, the Supreme Court of Iowa's decision is an improper application of the Robertson decision, in effect creating a "caveat accused" approach to plea discussions rather than the proper "caveat prosecutor" approach, where the government bears the burden of proving that an accused's statements were not made during plea discussions.