California Supreme Court Ruling on Polygraphs Due

[George W. Maschke]

According to an article published 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":

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]

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."