admissibility

South Dakota Supreme Court Upholds Per Se Exclusion of Unstipulated Polygraph Results in Sentencing Hearing

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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 … Read more

Kyriakos Kotsoglou on Polygraphs in the British Legal System

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In episode 102 of the legal podcast Excited Utterance, Vanderbilt University law professor Edward K. Cheng (@edwardkcheng) interviews Northumbria University senior lecturer in law Kyriakos N. Kotsoglou (@Kyri_Kotsoglou) about the use of polygraphs in the United Kingdom, with an emphasis on Kotsoglou’s new article, “Zombie Forensics: the use of the polygraph and the integrity of … Read more

Ohio Judge Orders Victims in Sexual Assault Cases to Submit to Lie Detector Tests

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Rachel Dissell of the Cleveland Plain Dealer reports that Cuyahoga County Juvenile Court Judge Alison Floyd has ordered the victims in four sexual assault cases to submit to polygraph “testing.” In addition, Floyd has ordered the perpetrators of the assaults, who have already been found guilty, to submit to polygraph tests for sentencing purposes. It … Read more

Ohio Defendant Acquitted Based Partly on Polygraph Evidence

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Basing her decision in part on polygraph evidence admitted at trial against the prosecutor’s objection, Summit County Common Pleas Judge Judy Hunter on Monday, 20 August 2007 found Sahil Sharma of New York City innocent of felony sexual battery and two misdemeanor charges. While the text of Judge Hunter’s decision is not yet available, AntiPolygraph.org has obtained pre-trial polygraph testimony as well as video of a polygraph examination that was played in open court. For commentary, see Critique of Louis I. Rovner’s Polygraph Examination and Testimony in Ohio v. Sharma on the AntiPolygraph.org message board.

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“Polygraph Tests Inadmissible”

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Detroit Free Press staff writer Nate Trela reports. Excerpt: Polygraph evidence indicating that former Macomb County Prosecutor Carl Marlinga and two codefendants did not swap campaign contributions for prosecutorial favors will not be seen by a grand jury, nor will it be admissible if the case goes to trial. U.S. District Judge Victoria Roberts said … Read more

“Marlinga Lie Detector Test Kept Private”

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David Shepardson of the Detroit News reports. Excerpt: MOUNT CLEMENS — Federal prosecutors won’t have to tell grand jurors about the results of lie detector tests taken by former Macomb County Prosecutor Carl Marlinga and two others charged in a corruption case, a federal judge ruled Tuesday. Marlinga, state Sen. Jim Barcia, D-Bay City, and … Read more

“N.M. Supreme Court: Polygraph Results Can Be Used as Evidence”

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KOBTV.com has published the following brief Associated Press report: (Santa Fe-AP) — The state Supreme Court has ruled that polygraph test results can continue to be used as evidence in New Mexico courts. New Mexico has allowed the use of lie detector results in courts for decades. However, the Supreme Court has been considering whether … Read more

West Australia Court of Criminal Appeal Rejects Polygraph “Evidence”

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The Australian Associated Press reports in an article titled “Mallard to stay behind bars” that the West Australia Court of Criminal Appeal, upholding Andrew Mark Mallard’s conviction for the murder of Perth jeweler Pamela Lawrence, has ruled polygraph “evidence” to be inadmissible. The WA Court of Criminal Appeal is the highest Australian court that has … Read more

“Suspect Awaiting Polygraph”

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Christopher Bobby reports for the Warren, Ohio Tribune Chronicle. Excerpt: WARREN – Murder defendant Gentry Freeman has agreed to take a polygraph exam that his attorney says could free him. Common Pleas Judge Andrew Logan authorized the agreement last week between prosecutors and defense attorney Sarah Kovoor. The test will be administered sometime Wednesday by … Read more