STATE OF FLORIDA, PETITIONER,
v.
GEORGE CURTIS, RESPONDENT
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The court held that pre-trial orders allowing the introduction of polygraph evidence are inadmissible.
The state sought review of a pre-trial order permitting the defendant to introduce expert testimony concerning the results of a polygraph examination.…
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By certiorari, the state seeks review of a pre-trial1 order of the trial judge permitting the defendant at trial to introduce expert testimony concerning the results of a polygraph examination made of the defendant. This order was entered after an extensive evidentiary hearing as to the reliability of the polygraph.
The admissibility of polygraph evidence has been the subject of appellate scrutiny by our Supreme Court which has found such evidence to be inadmissible as recently as 1970. Kaminski v. State, Fla.1952, 63 So.2d 339; Anderson v. State, Fla.1970, 241 So.2d 309. It is clear trial courts should follow the most recent pronouncements of the Supreme Court. See: Hoffman v. Jones, Fla.1973, 280 So.2d 431 (1973). Moreover, we believe that the va*515lidity of the polygraph test and the reliability of testimony dealing therewith is still dependent upon too large a number of variable factors impossible of resolution. See: United States v. Urquidez, D.C.Cal.1973, 356 F.Supp. 1363.
Accordingly, certiorari is granted and the order of the trial court allowing the admission of such testimony in defendant’s trial is quashed and remanded for proceedings in accord herewith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Delap v. State, 440 So. 2d 1242 (Fla. 1983)…on pass from the stage of experimentation to that of reasonable demonstrability. Rodriguez v. State, 327 So. 2d 903 (Fla. 3d DCA), cert. denied, 336 So. 2d 1184 (Fla.1976). Polygraph testing has not passed the reliability threshold. State v. Curtis, 281 So. 2d 514 (Fla. 3d DCA 1973), cert. denied, 290 So. 2d 493 (Fla.1974). The use of a polygraph examination as evidence is premised on the waiver by both parties of evidentiary objections as to lack of scientific reliability. The evidence fails to show that th…
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Dean v. State, 325 So. 2d 14 (Fla. 1st DCA 1975)…this state. Kaminski v. State, Fla., 63 So. 2d 339 (1952); Johnson v. State, Fla.App. (2d), 166 So. 2d 798 (1964); State v. Brown, Fla.App. (2d), 177 So. 2d 532 (1965); Anderson v. State, Fla., 241 So. 2d 390 (1970); State v. Curtis, Fla.App. (3d), 281 So. 2d 514 (1973), and Sullivan v. State, Fla., 303 So. 2d 632 (1974). In several instances a mere reference to a lie detector test without any reference to the result thereof, although inadmissible, has been held not to constitute reversible error where a cau…
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Curtis v. State, 290 So. 2d 493 (Fla. 1974)…Certiorari denied. 281 So. 2d 514. CARLTON, C. J:, and ROBERTS, McCAIN and DEKLE, JJ., concur. BOYD, J., dissents.…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hoffman v. Jones, 280 So. 2d 431 (Fla. 1973)
- Kaminski v. State, 63 So. 2d 339 (Fla. 1952)