polygraph test in Mississippi

38 Mississippi opinions name it 2 courts 1975–2022 1 in the last five years

The cases below were cited by Mississippi courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (14)

Case	Followed	Cited
Weatherspoon v. Stategreen miss · 1999 · cited in 17 Mississippi opinions naming this issue, 1994–2022 2 sentences 2018Weatherspoon reaffirmed a previous decision from this Court refusing to find reversible error "based on inadmissible evidence regarding the offer to take a polygraph, or the refusal to take a polygraph, or that a witness had passed a polygraph test." In Weatherspoon , 732 So.2d at 163 , this Court cited the following authority: Pittman v. State , 236 Miss. 592 , 111 So.2d 415 (1959) (unsolicited response by witness regarding defendant being held in jail to take a polygraph was not reversible error where the results were not disclosed to the jury, the trial judge held that the evidence was not 2018This Court has held that "any evidence pertaining to a witness's offer to take a polygraph, refusal to take a polygraph test, the fact that a witness took a polygraph test or the results of a polygraph test is inadmissible at trial by the State or by the defense." Weatherspoon v. State , 732 So.2d 158 , 163 (Miss. 1999).	9	17
Garrett v. Stategreen miss · 1989 · cited in 5 Mississippi opinions naming this issue, 1996–2018 2 sentences 2018Weatherspoon reaffirmed a previous decision from this Court refusing to find reversible error “based on inadmissible evidence regarding the offer to take a polygraph, or the refusal to take a polygraph, or that a witness had passed a polygraph test.” In Weatherspoon, 732 So. 2d at 163 , this Court cited the following authority: Pittman v. State, 236 Miss. 592 , 111 So. 2d 415 (1959) (unsolicited response by witness regarding defendant being held in jail to take a polygraph was not reversible error where the results were not disclosed to the jury, the trial judge held that the evidence was not 2018Weatherspoon reaffirmed a previous decision from this Court refusing to find reversible error "based on inadmissible evidence regarding the offer to take a polygraph, or the refusal to take a polygraph, or that a witness had passed a polygraph test." In Weatherspoon , 732 So.2d at 163 , this Court cited the following authority: Pittman v. State , 236 Miss. 592 , 111 So.2d 415 (1959) (unsolicited response by witness regarding defendant being held in jail to take a polygraph was not reversible error where the results were not disclosed to the jury, the trial judge held that the evidence was not	5	5
Conner v. Statered miss · 1994 · cited in 7 Mississippi opinions naming this issue, 1994–2006 2 sentences 2006This decision was based on Conner v. State, 632 So.2d 1239, 1257-58 (Miss.1993), in which we held the trial court did not abuse its discretion when it allowed testimony concerning the willingness of a witness for the State to take a polygraph test in order to rehabilitate that witness' testimony. 1994This decision was based on Conner v. State, 632 So.2d 1239, 1257-58 (Miss. 1993), in which we held the trial court did not abuse its discretion when it allowed testimony concerning the willingness of a witness for the State to take a polygraph test in order to rehabilitate that witness’ testimony.	4	7
Pennington v. Stategreen miss · 1983 · cited in 3 Mississippi opinions naming this issue, 1996–2017 2 sentences 2017See Garrett, 549 So. 2d at 1328–31 (finding harmless the inadvertent disclosure to the jury of a release signed by defendant stating that he had agreed to take a polygraph test); Pennington v. State, 437 So. 2d 37, 40 (Miss. 1983) (holding that a question about an officer’s training in the use of the polygraph was innuendo and harmless). 1999"It is well settled that neither the fact of the taking of a polygraph examination or the results of such an examination are admissible into evidence." Carr v. State, 655 So.2d 824, 836 (Miss.1995) (Roberts, J.) ( quoting Garrett v. State, 549 So.2d 1325, 1330 (Miss.1989)); see also Miskelley v. State, 480 So.2d 1104, 1108 (Miss.1985); Pennington v. State, 437 So.2d 37, 40 (Miss.1983).	3	3
Manning v. Stategreen miss · 1998 · cited in 5 Mississippi opinions naming this issue, 1994–2018 2 sentences 2018Weatherspoon also overruled Manning v. State, 726 So. 2d 1152, 1179 (Miss. 1998), to the extent that it found that testimony from the State’s witness that he had taken a polygraph test was proper redirect after the witness’s credibility had been attacked by the defense on cross-examination. 2018Weatherspoon also overruled Manning v. State , 726 So.2d 1152 , 1179 (Miss. 1998), to the extent that it found that testimony from the State's witness that he had taken a polygraph test was proper redirect after the witness's credibility had been attacked by the defense on cross-examination.	2	5
Lester v. Stategreen miss · 1997 · cited in 2 Mississippi opinions naming this issue, 1996–1999 2 sentences 1999Furthermore, in Lester v. State , this Court said in reference to Conner "that evidence of an offer to take a polygraph is only admissible to support the credibility of a witness whose veracity has previously been attacked." Lester v. State, 692 So.2d 755, 787 (Miss.1997). 1996Furthermore, in Lester v. State, this Court said in reference to Conner "that evidence of an offer to take a polygraph is only admissible to support the credibility of a witness whose veracity has previously been attacked." Lester v. State, 692 So.2d 755, 787 (Miss. 1997).	2	2
Carr v. Stategreen miss · 1995 · cited in 2 Mississippi opinions naming this issue, 1996–1999 2 sentences 1999"It is well settled that neither the fact of the taking of a polygraph examination or the results of such an examination are admissible into evidence." Carr v. State, 655 So.2d 824, 836 (Miss.1995) (Roberts, J.) ( quoting Garrett v. State, 549 So.2d 1325, 1330 (Miss.1989)); see also Miskelley v. State, 480 So.2d 1104, 1108 (Miss.1985); Pennington v. State, 437 So.2d 37, 40 (Miss.1983). 1996"It is well settled that neither the fact of the taking of a polygraph examination or the results of such an examination are admissible into evidence." Carr v. State, 655 So. 2d 824, 836 (Miss. 1995) (Roberts, J.) (quoting Garrett v. State, 549 So. 2d 1325, 1330 (Miss. 1989)); see also Miskelley v. State, 480 So. 2d 1104, 1108 (Miss. 1985); Pennington v. State, 437 So. 2d 37, 40 (Miss. 1983).	2	2
Miskelley v. Stategreen miss · 1985 · cited in 2 Mississippi opinions naming this issue, 1996–1999 2 sentences 1999"It is well settled that neither the fact of the taking of a polygraph examination or the results of such an examination are admissible into evidence." Carr v. State, 655 So.2d 824, 836 (Miss.1995) (Roberts, J.) ( quoting Garrett v. State, 549 So.2d 1325, 1330 (Miss.1989)); see also Miskelley v. State, 480 So.2d 1104, 1108 (Miss.1985); Pennington v. State, 437 So.2d 37, 40 (Miss.1983). 1996"It is well settled that neither the fact of the taking of a polygraph examination or the results of such an examination are admissible into evidence." Carr v. State, 655 So. 2d 824, 836 (Miss. 1995) (Roberts, J.) (quoting Garrett v. State, 549 So. 2d 1325, 1330 (Miss. 1989)); see also Miskelley v. State, 480 So. 2d 1104, 1108 (Miss. 1985); Pennington v. State, 437 So. 2d 37, 40 (Miss. 1983).	2	2
Junior Food Stores, Inc. v. Ricegreen miss · 1996 · cited in 3 Mississippi opinions naming this issue, 1999–2017 2 sentences 2017In Junior Food Stores Inc. v. Rice, 671 So.2d 67 , 74-75 (Miss. 1996), the Mississippi Supreme Court found a lack of probable cause after the store brought grand-larceny charges against one of its employees when money was discovered missing, as the employee was one of three people with keys to the store, worked the last shift, and failed a polygraph test. 2017In Junior Food Stores Inc. v. Rice, 671 So. 2d 67, 74-75 (Miss. 1996), the Mississippi Supreme Court found a lack of probable cause after the store brought grand-larceny charges against one of its employees when money was discovered missing, as the employee was one of three people with keys to the store, worked the last shift, and failed a polygraph test.	1	3
Ake v. Oklahomagreen scotus · 1985 · cited in 2 Mississippi opinions naming this issue, 1996–1999 2 sentences 1999Once again Weatherspoon cites to Ake v. Oklahoma, 470 U.S. 68, 76 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985) in support of his argument that the State must insure that the defendant has a meaningful chance to present his defense which he argues includes providing the funds for a polygraph test. 1999Once again Weatherspoon cites to Ake v. Oklahoma, 470 U.S. 68, 76 , 105 S.Ct. 1087 , 84 L.Ed.2d 53 (1985) in support of his argument that the State must insure that the defendant has a meaningful chance to present his defense which he argues includes providing the funds for a polygraph test.	1	2
Fagan v. Stategreen miss · 2004 · cited in 1 Mississippi opinions naming this issue, 2017–2017 2 sentences 2017“This Court has held that ‘any evidence pertaining to a witness’s offer to take a polygraph [test], refusal to take a polygraph test, the fact that a witness took a polygraph test or the results of a polygraph test is inadmissible at trial by the State or by the defense.’” Fagan v. State, 894 So. 2d 576, 580 (Miss. 2004) (quoting Weatherspoon v. State, 732 So. 2d 158, 163 (Miss. 1999)). 2017As the majority correctly observes, though, “[r]eversal is not automatic upon admission of [polygraph] evidence,” but “what is important is the ‘nature of the error and the circumstances attendant to its disclosure.’” Fagan v. State, 894 So. 2d 576, 580 (¶ 10) (Miss. 2004) (quoting Weatherspoon, 732 So. 2d at 163 (¶ 15)).	1	1
States v. Stategreen miss · 2012 · cited in 1 Mississippi opinions naming this issue, 2016–2016 1 sentence 2016States v. State, 88 So.3d 749, 757 (¶ 34) (Miss.2012).	1	1
Lancaster v. Stategreen miss · 1985 · cited in 1 Mississippi opinions naming this issue, 2009–2009 1 sentence 2009“Whenever a defendant makes a calculated, tactical choice and comes out on the losing end, he cannot then shift the burden to the [S]tate or to the trial [court].” Lancaster v. State, 472 So.2d 363, 366 (Miss.1985).	1	1
Moniodis v. Cookgreen mdctspecapp · 1985 · cited in 1 Mississippi opinions naming this issue, 1996–1996 1 sentence 1996App. 1 , 494 A.2d 212, 218 (1985), an employer terminated an employee for refusing to take a polygraph test regarding the amount of inventory in stock.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Stringer v. State green miss · 1984 2 sentences 2018Weatherspoon reaffirmed a previous decision from this Court refusing to find reversible error “based on inadmissible evidence regarding the offer to take a polygraph, or the refusal to take a polygraph, or that a witness had passed a polygraph test.” In Weatherspoon, 732 So. 2d at 163 , this Court cited the following authority: Pittman v. State, 236 Miss. 592 , 111 So. 2d 415 (1959) (unsolicited response by witness regarding defendant being held in jail to take a polygraph was not reversible error where the results were not disclosed to the jury, the trial judge held that the evidence was not 2018Weatherspoon reaffirmed a previous decision from this Court refusing to find reversible error "based on inadmissible evidence regarding the offer to take a polygraph, or the refusal to take a polygraph, or that a witness had passed a polygraph test." In Weatherspoon , 732 So.2d at 163 , this Court cited the following authority: Pittman v. State , 236 Miss. 592 , 111 So.2d 415 (1959) (unsolicited response by witness regarding defendant being held in jail to take a polygraph was not reversible error where the results were not disclosed to the jury, the trial judge held that the evidence was not	4	1994–2018
Pittman v. State green miss · 1959 2 sentences 2018Weatherspoon reaffirmed a previous decision from this Court refusing to find reversible error "based on inadmissible evidence regarding the offer to take a polygraph, or the refusal to take a polygraph, or that a witness had passed a polygraph test." In Weatherspoon , 732 So.2d at 163 , this Court cited the following authority: Pittman v. State , 236 Miss. 592 , 111 So.2d 415 (1959) (unsolicited response by witness regarding defendant being held in jail to take a polygraph was not reversible error where the results were not disclosed to the jury, the trial judge held that the evidence was not 2018Weatherspoon reaffirmed a previous decision from this Court refusing to find reversible error "based on inadmissible evidence regarding the offer to take a polygraph, or the refusal to take a polygraph, or that a witness had passed a polygraph test." In Weatherspoon , 732 So.2d at 163 , this Court cited the following authority: Pittman v. State , 236 Miss. 592 , 111 So.2d 415 (1959) (unsolicited response by witness regarding defendant being held in jail to take a polygraph was not reversible error where the results were not disclosed to the jury, the trial judge held that the evidence was not	2	2018–2018
Humphrey v. State green miss · 2000 2 sentences 2003Humphrey v. State, 759 So.2d 368 (¶48) (Miss.2000). 2003Humphrey v. State, 759 So.2d 368 (¶ 48) (Miss.2000).	2	2003–2003
Brady v. Maryland green scotus · 1963 2 sentences 2001In Brady v. Maryland, 373 U.S. 83, 87 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), the U.S. Supreme Court established the principle that "suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." However, the Supreme Court has since held that not all failures to disclose exculpatory evidence constitute reversible error. 2001In Brady v. Maryland, 373 U.S. 83, 87 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), the U.S. Supreme Court established the principle that "suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material either to guilt or to punishment, irrespective of the good faith or bad faith of the prosecution." However, the Supreme Court has since held that not all failures to disclose exculpatory evidence constitute reversible error.	2	2000–2001
Commonwealth v. Smith green pa · 1989 2 sentences 1997As for the testimony concerning the polygraph test and the argument concerning Mrs. Hart and Terry Washington, Chase cites Stringer v. State, 500 So.2d 928 (Miss. 1986), which this Court cited in finding no reversible error in prosecutor's argument on the merits; United States v. Roberts, 618 F.2d 530 (9th Cir.1980), where the Ninth Circuit reversed where the prosecution stated that a policeman could corroborate a witness's testimony and was in the courtroom 539 monitoring the testimony for fidelity to the witness's plea agreement; Mattox v. State, 240 Miss. 544 , 128 So.2d 368 (1961), where 1997As for the testimony concerning the polygraph test and the argument concerning Mrs. Hart and Terry Washington, Chase cites Stringer v. State, 500 So.2d 928 (Miss. 1986), which this Court cited in finding no reversible error in prosecutor's argument on the merits; United States v. Roberts, 618 F.2d 530 (9th Cir.1980), where the Ninth Circuit reversed where the prosecution stated that a policeman could corroborate a witness's testimony and was in the courtroom 539 monitoring the testimony for fidelity to the witness's plea agreement; Mattox v. State, 240 Miss. 544 , 128 So.2d 368 (1961), where	2	1990–1997
United States v. Neal T. Roberts and James Albert Robison green ca9 · 1980 2 sentences 1997As for the testimony concerning the polygraph test and the argument concerning Mrs. Hart and Terry Washington, Chase cites Stringer v. State, 500 So.2d 928 (Miss. 1986), which this Court cited in finding no reversible error in prosecutor's argument on the merits; United States v. Roberts, 618 F.2d 530 (9th Cir.1980), where the Ninth Circuit reversed where the prosecution stated that a policeman could corroborate a witness's testimony and was in the courtroom 539 monitoring the testimony for fidelity to the witness's plea agreement; Mattox v. State, 240 Miss. 544 , 128 So.2d 368 (1961), where 1990*As for the testimony concerning the polygraph test and the argument concerning Mrs. Hart and Terry Washington, Chase cites Stringer v. State, 500 So.2d 928 (Miss. 1986), which this Court cited in finding no reversible error in prosecutor's argument on the merits; United States v. Roberts, 618 F.2d 530 (9th Cir. 1980), where the Ninth Circuit reversed where the prosecution stated that a policeman could corroborate a witness's testimony and was in the courtroom monitoring the testimony for fidelity to the witness's plea agreement; Mattox v. State, 240 Miss. 544 , 128 So.2d 368 (1961), where this	2	1990–1997
Mattox v. State green miss · 1961 2 sentences 1997As for the testimony concerning the polygraph test and the argument concerning Mrs. Hart and Terry Washington, Chase cites Stringer v. State, 500 So.2d 928 (Miss. 1986), which this Court cited in finding no reversible error in prosecutor's argument on the merits; United States v. Roberts, 618 F.2d 530 (9th Cir.1980), where the Ninth Circuit reversed where the prosecution stated that a policeman could corroborate a witness's testimony and was in the courtroom 539 monitoring the testimony for fidelity to the witness's plea agreement; Mattox v. State, 240 Miss. 544 , 128 So.2d 368 (1961), where 1997As for the testimony concerning the polygraph test and the argument concerning Mrs. Hart and Terry Washington, Chase cites Stringer v. State, 500 So.2d 928 (Miss. 1986), which this Court cited in finding no reversible error in prosecutor's argument on the merits; United States v. Roberts, 618 F.2d 530 (9th Cir.1980), where the Ninth Circuit reversed where the prosecution stated that a policeman could corroborate a witness's testimony and was in the courtroom 539 monitoring the testimony for fidelity to the witness's plea agreement; Mattox v. State, 240 Miss. 544 , 128 So.2d 368 (1961), where	2	1990–1997
Stringer v. State green miss · 1986 2 sentences 1997As for the testimony concerning the polygraph test and the argument concerning Mrs. Hart and Terry Washington, Chase cites Stringer v. State, 500 So.2d 928 (Miss. 1986), which this Court cited in finding no reversible error in prosecutor's argument on the merits; United States v. Roberts, 618 F.2d 530 (9th Cir.1980), where the Ninth Circuit reversed where the prosecution stated that a policeman could corroborate a witness's testimony and was in the courtroom 539 monitoring the testimony for fidelity to the witness's plea agreement; Mattox v. State, 240 Miss. 544 , 128 So.2d 368 (1961), where 1990*As for the testimony concerning the polygraph test and the argument concerning Mrs. Hart and Terry Washington, Chase cites Stringer v. State, 500 So.2d 928 (Miss. 1986), which this Court cited in finding no reversible error in prosecutor's argument on the merits; United States v. Roberts, 618 F.2d 530 (9th Cir. 1980), where the Ninth Circuit reversed where the prosecution stated that a policeman could corroborate a witness's testimony and was in the courtroom monitoring the testimony for fidelity to the witness's plea agreement; Mattox v. State, 240 Miss. 544 , 128 So.2d 368 (1961), where this	2	1990–1997
Payton v. State green miss · 2003 1 sentence 2018However, our caselaw also recognizes that "even if evidence is otherwise inadmissible, one party can open the door to its admission." Payton , 897 So.2d at 945 at (¶ 86).	1	2018–2018
Ramona Convent of the Holy Names v. City of Alhambra green scotus · 1994 1 sentence 1998Id. at 1257-59 .	1	1998–1998
Campbell v. Personnel Board of Kansas City green moctapp · 1984 1 sentence 1990Campbell v. Personnel Bd. of Kansas City, 666 S.W.2d 806 (Mo. App. 1984); McGinigle v. Greenburgh, 48 N.Y.2d 949 , 425 N.Y.S.2d 61 , 401 N.E.2d 184 (1979); See Swope v. Florida Indus.	1	1990–1990
MATTER OF MCGINIGLE v. Town of Greenburgh neutral ny · 1979 2 sentences 1990Campbell v. Personnel Bd. of Kansas City, 666 S.W.2d 806 (Mo. App. 1984); McGinigle v. Greenburgh, 48 N.Y.2d 949 , 425 N.Y.S.2d 61 , 401 N.E.2d 184 (1979); See Swope v. Florida Indus. 1990Campbell v. Personnel Bd. of Kansas City, 666 S.W.2d 806 (Mo. App. 1984); McGinigle v. Greenburgh, 48 N.Y.2d 949 , 425 N.Y.S.2d 61 , 401 N.E.2d 184 (1979); See Swope v. Florida Indus.	1	1990–1990
Marable v. State green tenn · 1958 2 sentences 1989Marable v. State, 203 Tenn. 440 , 313 S.W.2d 451 (1958). 1989Marable v. State, 203 Tenn. 440 , 313 S.W.2d 451 (1958).	1	1989–1989
Robinson v. State green miss · 1963 2 sentences 1976It is true that witness Ready, who administered the polygraph test to the defendant, admitted telling the defendant, "I felt like he needed to straighten this up... ." The record shows that Ready said this to the defendant after concluding that the defendant was holding back "about the matter... ." In this connection the defendant cites as authority the case of Robinson v. State, 247 Miss. 609 , 157 So.2d 49 (1963). 1976It is true that witness Ready, who administered the polygraph test to the defendant, admitted telling the defendant, "I felt like he needed to straighten this up... ." The record shows that Ready said this to the defendant after concluding that the defendant was holding back "about the matter... ." In this connection the defendant cites as authority the case of Robinson v. State, 247 Miss. 609 , 157 So.2d 49 (1963).	1	1976–1976
Johnson v. State green fladistctapp · 1964 1 sentence 1976State v. Bowden, 342 *398 A.2d 281 (Me. 1975); Johnson v. State, 166 So.2d 798 (Fla.App. 1964).	1	1976–1976
Bond v. State green miss · 1964 2 sentences 1975Bond v. State, 249 Miss. 352 , 162 So.2d 510 (1964). 562 Defendant voluntarily submitted to a polygraph test and sought to introduce the results in evidence. 1975Bond v. State, 249 Miss. 352 , 162 So.2d 510 (1964). 562 Defendant voluntarily submitted to a polygraph test and sought to introduce the results in evidence.	1	1975–1975

Statutes the citing opinions construe

MS § Miss. Code Ann. § 99-19-101 (7) MS § Miss. Code Ann. § 97-3-19 (5) MS § Miss. Code Ann. § 99-39-3 (5) MS § Miss. Code Ann. § 97-3-21 (4) MS § Miss. Code Ann. § 47-7-3 (3) MS § Miss. Code Ann. § 97-5-39 (3) MS § Miss. Code Ann. § 99-19-1 (3) MS § Miss. Code Ann. § 99-39-11 (3) MS § Miss. Code Ann. § 99-39-21 (3) MS § Miss. Code Ann. § 99-39-5 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 174 (1964–2025) PA 113 (1955–2026) IL 97 (1966–2026) OH 89 (1973–2025) NY 73 (1968–2025) CA 70 (1959–2025) MI 64 (1970–2026) IN 56 (1971–2025) GA 51 (1975–2021) NJ 48 (1964–2026) FL 40 (1963–2013) MS 38 (1975–2022) OR 36 (1974–2025) WA 35 (1972–2026) MD 32 (1964–2021) MA 32 (1968–2025) NC 31 (1975–2014) WV 29 (1979–2023) AZ 29 (1964–2025) WI 27 (1974–2021) TN 27 (1964–2022) LA 24 (1970–2017) MN 23 (1977–2017) MO 22 (1974–2024) AL 21 (1971–2014) IA 20 (1972–2021) NM 19 (1974–2024) KS 17 (1969–2024) ME 15 (1975–2017) VA 15 (1986–2025) AR 15 (1978–2025) CO 14 (1981–2012) SD 11 (1973–2018) OK 10 (1977–2025) KY 10 (1977–2020) SC 10 (1973–2016) CT 9 (1966–2016) MT 8 (1978–2008) NH 8 (1965–2023) DE 8 (1981–2018) WY 7 (1977–2025) ND 7 (1978–1998) UT 7 (1985–2025) ID 6 (1979–2018) NE 6 (1979–2020) HI 4 (1962–2025) DC 4 (1996–2018) AK 4 (1979–1989) NV 4 (1976–1991) VT 3 (1975–2018) RI 3 (1981–1984)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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