15 Arkansas opinions name it 3 courts 1978–2025 2 in the last five years
The cases below were cited by Arkansas 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.
| Case | Followed | Cited |
|---|---|---|
Van Cleave v. Stategreen2 sentences2004In Van Cleave v. State, 268 Ark. 514 , 598 S.W.2d 65 (1980), we stated that any reference to a polygraph test, in the absence of an agreement or other justifiable circumstances, normally constitutes prejudicial error. 2004In Van Cleave v. State, 268 Ark. 514 , 598 S.W.2d 65 (1980), we stated that any reference to a polygraph test, in the absence of an agreement or other justifiable circumstances, normally constitutes prejudicial error. | 1 | 6 |
Ferguson v. Stategreen2 sentences2006In addition, in Ferguson v. State, 343 Ark. 159 , 33 S.W.3d 115 (2000), this court held that, when it was not evident from the witness’s testimony how the defendant scored on the polygraph test, there was no prejudicial inference to be drawn from the witness’s remarks. 2006In addition, in Ferguson v. State, 343 Ark. 159 , 33 S.W.3d 115 (2000), this court held that, when it was not evident from the witness’s testimony how the defendant scored on the polygraph test, there was no prejudicial inference to be drawn from the witness’s remarks. | 1 | 2 |
Dyer v. Stategreen2 sentences2004See e.g., Dyer v. State, 343 Ark. 422, 428 , 36 S.W.3d 724 (2001), where this court stated, "Swim was scheduled to take a polygraph examination regarding Dyer's murder; he never showed." Along with other evidence, this fact of a failure to show up for the polygraph test implied that Swim murdered Dyer. 2004See e.g., Dyer v. State, 343 Ark. 422, 428 , 36 S.W.3d 724 (2001), where this court stated, "Swim was scheduled to take a polygraph examination regarding Dyer's murder; he never showed." Along with other evidence, this fact of a failure to show up for the polygraph test implied that Swim murdered Dyer. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Arkansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Roleson v. State
green
2 sentences1982In Roleson v. State, 272 Ark. 346 , 614 S.W. 2d 656 (1981), the court recognized that any reference to a polygraph test in the absence of agreement or other justifiable circumstances would constitute error. 1982In Roleson v. State, 272 Ark. 346 , 614 S.W. 2d 656 (1981), the court recognized that any reference to a polygraph test in the absence of agreement or other justifiable circumstances would constitute error. | 5 | 1982–2004 |
Johnson v. State
green
2 sentences1990Relying on Johnson v. Florida, 166 So.2d 798 (Fla.1964), we have also held that any reference to a polygraph test, in the absence of an agreement or other justifiable circumstances, ordinarily constitutes prejudicial error. 1990In a prior decision, this court, in misstating the holding in Johnson v. Florida, 166 So.2d 798 (Fla.Dist.Ct.App.1964), said that any reference to a polygraph test, in the absence of an agreement or other justifiable circumstances, would constitute error. | 2 | 1978–1990 |
Gardner v. State
green
2 sentences1982The Court in Roleson v. State, supra, stated the following: Cecellia’s counsel properly cites Gardner v. State, 263 Ark. 739 , 569 S.W. 2d 74 (1978) for the rule that the results of polygraph tests are inadmissible in criminal cases. 1982The Court in Roleson v. State, supra, stated the following: Cecellia’s counsel properly cites Gardner v. State, 263 Ark. 739 , 569 S.W. 2d 74 (1978) for the rule that the results of polygraph tests are inadmissible in criminal cases. | 2 | 1982–1982 |
Johnson v. State
neutral
1 sentence2025Krieger cites Arkansas Rule of Professional Conduct 3.8(b)–(c), which provides: The prosecutor in a criminal case shall: .... (b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel; 21 (c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing[.] Citing Berry v. Saline Memorial Hospital, 332 Ark. 182 , 907 S.W.2d 736 (1995), Krieger states that ethical violations by the prosecutor, incl | 1 | 2025–2025 |
John Krieger v. State of Arkansas
neutral
2 sentences2025Krieger I, 2022 Ark. 2025Krieger I, 2022 Ark. | 1 | 2025–2025 |
Berry v. Saline Memorial Hospital
green
1 sentence2025Krieger cites Arkansas Rule of Professional Conduct 3.8(b)–(c), which provides: The prosecutor in a criminal case shall: .... (b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel; 21 (c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing[.] Citing Berry v. Saline Memorial Hospital, 332 Ark. 182 , 907 S.W.2d 736 (1995), Krieger states that ethical violations by the prosecutor, incl | 1 | 2025–2025 |
Wingfield v. State
green
1 sentence2022In Wingfield v. State, 2019 Ark. | 1 | 2022–2022 |
Halstead v. Sex Offender Assessment Comm.
neutral
1 sentence2013In its facts and conclusions, the Committee noted that appellant stated in his request for a reassessment that the indexed offense occurred over twenty years earlier, his indexed offense was vacated in 1994, he had not been in trouble since then, he had participated in sex-offender treatment in prison, and he had passed a polygraph test with no deception 5 Cite as 2013 Ark. | 1 | 2013–2013 |
Lefkowitz v. Turley
green
1 sentence2003In Hill v. Johnson, 160 F.3d 469 , 471 (8 th Cir. 1998), the Eighth Circuit Court of Appeals applied these principles in the following manner in addressing a claim that an employee of the Pulaski County Sheriff's office had been improperly dismissed for refusing to submit to a polygraph test: "The [Fifth] Amendment not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incr | 1 | 2003–2003 |
Hill v. Johnson
green
1 sentence2003In Hill v. Johnson, 160 F.3d 469 , 471 (8 th Cir. 1998), the Eighth Circuit Court of Appeals applied these principles in the following manner in addressing a claim that an employee of the Pulaski County Sheriff's office had been improperly dismissed for refusing to submit to a polygraph test: "The [Fifth] Amendment not only protects the individual against being involuntarily called as a witness against himself in a criminal prosecution but also privileges him not to answer official questions put to him in any other proceeding, civil or criminal, formal or informal, where the answers might incr | 1 | 2003–2003 |
Wicks v. State
green
2 sentences1990In Wicks v. State, 270 Ark. 781 , 606 S.W.2d 366 (1980), a rape victim referred to a polygraph test administered to her, yet we found no abuse of discretion in the denial of a mistrial because the trial judge promptly admonished the jury to disregard the remark. 1990In Wicks v. State, 270 Ark. 781 , 606 S.W.2d 366 (1980), a rape victim referred to a polygraph test administered to her, yet we found no abuse of discretion in the denial of a mistrial because the trial judge promptly admonished the jury to disregard the remark. | 1 | 1990–1990 |
Scherrer v. State
green
2 sentences1989Scherrer v. State, 294 Ark. 227 , 742 S.W.2d 877 (1988); Duncan v. State, 291 Ark. 521 , 726 S.W.2d 653 (1987). 1989Scherrer v. State, 294 Ark. 227 , 742 S.W.2d 877 (1988); Duncan v. State, 291 Ark. 521 , 726 S.W.2d 653 (1987). | 1 | 1989–1989 |
Duncan v. State
green
2 sentences1989Scherrer v. State, 294 Ark. 227 , 742 S.W.2d 877 (1988); Duncan v. State, 291 Ark. 521 , 726 S.W.2d 653 (1987). 1989Scherrer v. State, 294 Ark. 227 , 742 S.W.2d 877 (1988); Duncan v. State, 291 Ark. 521 , 726 S.W.2d 653 (1987). | 1 | 1989–1989 |
Cope v. State
green
2 sentences1987She said Officer Beall told her that Ray (her husband) “wasn’t going to take all the blame for what had been going on.” See Cope v. State, 292 Ark. 391 , 730 S.W.2d 242 (1987). 1987She said Officer Beall told her that Ray (her husband) “wasn’t going to take all the blame for what had been going on.” See Cope v. State, 292 Ark. 391 , 730 S.W.2d 242 (1987). | 1 | 1987–1987 |
Tanner v. State
green
2 sentences1978Tanner v. State, 259 Ark. 243 , 532 S.W. 2d 168 ; People v. McHenry, 204 Cal. App. 2d 764 , 22 Cal. Rptr. 621 (1962). 1978Tanner v. State, 259 Ark. 243 , 532 S.W. 2d 168 ; People v. McHenry, 204 Cal. App. 2d 764 , 22 Cal. Rptr. 621 (1962). | 1 | 1978–1978 |
Roberts v. State
green
1 sentence1978Roberts v. State, 195 So. 2d 257 (Fla. App., 1967); Johnson v. Florida, 166 So. 2d 798 (Fla. App., 1964); Gasway v. State, 157 Tex. Cr. | 1 | 1978–1978 |
People v. McHenry
green
2 sentences1978Tanner v. State, 259 Ark. 243 , 532 S.W. 2d 168 ; People v. McHenry, 204 Cal. App. 2d 764 , 22 Cal. Rptr. 621 (1962). 1978Tanner v. State, 259 Ark. 243 , 532 S.W. 2d 168 ; People v. McHenry, 204 Cal. App. 2d 764 , 22 Cal. Rptr. 621 (1962). | 1 | 1978–1978 |
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.
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.