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AntiPolygraph.org Message Board › Polygraph and CVSA Forums › Polygraph Policy › California Supreme Court Ruling on Polygraphs Due

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California Supreme Court Ruling on Polygraphs Due (Read 1989 times)

George W. Maschke Global Moderator Offline Make-believe science yields make-believe security. Posts: 6220 Joined: Sep 29^th, 2000	California Supreme Court Ruling on Polygraphs Due Jul 29^th, 2004 at 4:55pm	Mark & Quote Quote Print Post
	According to an articlepublished on the American Homeoweners Resource Center website, the California Supreme Court will today (29 July 2004) be issuing an opinion that has relevance to the admissibility of polygraph "evidence": Quote: PEOPLE v. WILKINSON S111028 (B145982; Los Angeles County Superior Court No. SA035468) Argued in San Francisco 5-05-04 This case presents the following issues: (1) Does the statutory scheme permitting battery on a custodial officer to be charged as a straight felony, a straight misdemeanor, or a felony/misdemeanor "wobbler" (see Pen. Code, §§ 243, 243.1) violate equal protection? (2) Was defendant entitled to a Kelly/Frye hearing (see People v. Kelly (1976) 17 Cal.3d 24; Frye v. United States (D.C. Cir. 1923) 293 F. 1013) regarding the admissibility of evidence of results of a polygraph examination, or is such evidence admissible only pursuant to a stipulation of the parties under Evidence Code section 351.1? The opinion is to be published on-line here: http://www.courtinfo.ca.gov/opinions/

	George W. Maschke I am generally available in the chat room from 3 AM to 3 PM Eastern time. Tel/SMS: 1-202-810-2105 (Please use Signal Private Messenger or WhatsApp to text or call.) E-mail/iMessage/FaceTime: antipolygraph.org@protonmail.com Wire: @ap_org Threema: A4PYDD5S Personal Statement: "Too Hot of a Potato"
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George W. Maschke Global Moderator Offline Make-believe science yields make-believe security. Posts: 6220 Joined: Sep 29^th, 2000	Re: California Supreme Court Ruling on Polygraphs Reply #1 - Jul 30^th, 2004 at 11:47am	Mark & Quote Quote Print Post
	The California Supreme Court's key ruling in People v. Wilkinson is that "in light of the categorical prohibition on the admission of polygraph evidence in Penal Code section 351.1, the trial court did not err in declining to hold a Kelly/Frye hearing regarding the evidence proffered by defendant."

	George W. Maschke I am generally available in the chat room from 3 AM to 3 PM Eastern time. Tel/SMS: 1-202-810-2105 (Please use Signal Private Messenger or WhatsApp to text or call.) E-mail/iMessage/FaceTime: antipolygraph.org@protonmail.com Wire: @ap_org Threema: A4PYDD5S Personal Statement: "Too Hot of a Potato"
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California Supreme Court Ruling on Polygraphs Due

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