VA: Polygraph Evidence Inadmissible in Probation Hearing

The following was posted to the SW Virginia law blog :

Polygraph evidence inadmissible in probation hearing

In White v. Com., the Virginia Court of Appeals in an opinion by Judge Benton joined by Judge Clements and Senior Judge Hodges held that evidence that a probationer failed a polygraph test is inadmissible in a hearing on probation revocation, and the trial court’s consideration of such evidence was apparently not harmless error, even though the probationer was a sex offender and the trial court had resolved not “to gamble with with this man and young children.”

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