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Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State
Loaded on Jan. 15, 2024
by Anthony Accurso
published in Criminal Legal News
January, 2024, page 15
Filed under:
Mental Health,
Polygraph Evidence/Testing,
Results of Polygraph Test,
Delay in Disclosure.
Location:
Indiana.
by Anthony W. Accurso
The Supreme Court of Indiana upheld evidentiary suppression of a defendant’s polygraph results and inculpatory statements made after the test, where the examining officer failed to disclose (until the eve of trial) his determination that the defendant’s mental state made him unsuitable to sit for a ...
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More from this issue:
- Federal Sentencing Guidelines Undergo Substantial Amendments, by David Reutter
- California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague, by Douglas Ankney
- FBI Access to FISA Database Includes Some Accountability, by Anthony Accurso
- DOJ Spending Over $6 Billion in Firms to Seize Innocent Citizens’ Property Via Civil Asset Forfeiture, by Douglas Ankney
- Indiana Supreme Court Suppresses All Evidence Related to Polygraph Exam for Examiner’s Failure to Disclose Unilater-ally Changing Exam Results From ‘Admissible’ to ‘Inadmissible’ Due to Defendant’s Mental State, by Anthony Accurso
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- House Judiciary Committee Investigates Major Banks for Unauthorized Sharing of Private Financial Information With the FBI, by Jo Ellen Nott
- Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea, by David Reutter
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- Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, by Douglas Ankney
- Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence, by Douglas Ankney
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- Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal, by Douglas Ankney
- Police Requests to Google Replacing Old Fashioned Detective Work, by Anthony Accurso
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More from Anthony Accurso:
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- Stinging Back: Resisting Government Surveillance of Cellphones, May 15, 2024
- Tech Monopolies Prevent Effective Privacy Laws in the U.S., May 15, 2024
- Police Body Cameras, A Decade Later, May 15, 2024
- Use of Solitary Confinement on the Rise in ICE Facilities, May 15, 2024
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, April 15, 2024
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, April 15, 2024
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, April 15, 2024
- The FBI’s Rapidly Expanding DNA Database, April 15, 2024
More from these topics:
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- Wellpath Held in Contempt in Suit at California Jail, March 1, 2024. California Forensic Medical Group, Medical, Systemic Medical Neglect, Dental Care, Contempt (Civil Procedure), Mental Health.
- Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL, Jan. 15, 2024. New Trial Motions, AEDPA, Mental Health, Statutes of Limitation and Laches, Tolling of Statutes of Limitations and Laches.
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, Dec. 15, 2023. Disabled Prisoners, Mental Health, Excessive Force (Police).
- Nebraska Watchdog Calls Use of Force Against Mentally Ill Prisoner Excessive and Unnecessary, Dec. 1, 2023. Guard Brutality/Beatings, Mental Health, Failure to Treat (Mental Illness), Involuntary Treatment/Drugging.
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- Solitary Confinement is a Catch-22 for Colorado Prisoners and a “Moral Injury” for Mental Health Workers, Sept. 15, 2023. Control Units/SHU/Solitary Confinement, Mental Health.
- Fourth Circuit Denies Defendant Faced ‘Classic Penalty Situation’ During Polygraph Questioning While on Supervised Release, Sept. 1, 2023. Polygraphs, Probation, Parole & Supervised Release, Polygraph Evidence/Testing, Penalty for Going to Trial.