In a 16-page ruling, the South Dakota Supreme Court has upheld a circuit court’s refusal to consider a defense-proffered polygraph examination in connection with a sentencing hearing. Bob Mercer reports for KELOLAND News (excerpt):
PIERRE, S.D. (KELO) — A Minnehaha County circuit judge didn’t err when she refused to consider the results of a lie-detector test offered by one of the men who admitted they participated in the killing of a pizza delivery man three years ago, according to the South Dakota Supreme Court.
The justices publicly released their unanimous opinion Thursday. They rejected the appeal from Raymond Banks and supported Circuit Judge Robin Houwman’s decision to not allow the polygraph results.
The appellant, Raymond Banks, had asked the court to consider the results of an unstipulated polygraph examination privately conducted by polygraph operator Mike D. Webb of Sioux Falls, South Dakota.