15 Virginia opinions name it 3 courts 1986–2025 2 in the last five years
The cases below were cited by Virginia 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 |
|---|---|---|
Robinson v. Commonwealthgreen2 sentences2015The circuit court ruled that Grant could not ask Dr. Hoffman about his willingness to take a polygraph test because “[t]he law considers polygraphs to be hocus pocus.” See Robinson v. -6- Commonwealth, 231 Va. 142, 156 , 341 S.E.2d 159, 167 (1986) (“In a long line of cases, spanning almost thirty years, we have made clear that polygraph examinations are so thoroughly unreliable as to be of no proper evidentiary use . . . .” (citations omitted)). 2015The circuit court ruled that Grant could not ask Dr. Hoffman about his willingness to take a polygraph test because “[t]he law considers polygraphs to be hocus pocus.” See Robinson v. -6- Commonwealth, 231 Va. 142, 156 , 341 S.E.2d 159, 167 (1986) (“In a long line of cases, spanning almost thirty years, we have made clear that polygraph examinations are so thoroughly unreliable as to be of no proper evidentiary use . . . .” (citations omitted)). | 1 | 2 |
Zelenak v. Commonwealthgreen2 sentences2015Grant did not proffer the results of the tests and what the proposed testimony would have been. “‘It is well settled that when a party’s evidence has been ruled inadmissible, the party must proffer or avouch the evidence for the record in order to preserve the ruling for appeal; otherwise, the appellate court has no basis to decide whether the evidence was admissible.’” Zelenak v. Commonwealth, 25 Va. App. 295, 302 , 487 S.E.2d 873, 876 (1997) (en banc) (quoting Smith v. Hylton, 14 Va. App. 354, 357-58 , 416 S.E.2d 712, 715 (1992)). 2015Grant did not proffer the results of the tests and what the proposed testimony would have been. “‘It is well settled that when a party’s evidence has been ruled inadmissible, the party must proffer or avouch the evidence for the record in order to preserve the ruling for appeal; otherwise, the appellate court has no basis to decide whether the evidence was admissible.’” Zelenak v. Commonwealth, 25 Va. App. 295, 302 , 487 S.E.2d 873, 876 (1997) (en banc) (quoting Smith v. Hylton, 14 Va. App. 354, 357-58 , 416 S.E.2d 712, 715 (1992)). | 1 | 1 |
Smith v. Hyltongreen2 sentences2015Grant did not proffer the results of the tests and what the proposed testimony would have been. “‘It is well settled that when a party’s evidence has been ruled inadmissible, the party must proffer or avouch the evidence for the record in order to preserve the ruling for appeal; otherwise, the appellate court has no basis to decide whether the evidence was admissible.’” Zelenak v. Commonwealth, 25 Va. App. 295, 302 , 487 S.E.2d 873, 876 (1997) (en banc) (quoting Smith v. Hylton, 14 Va. App. 354, 357-58 , 416 S.E.2d 712, 715 (1992)). 2015Grant did not proffer the results of the tests and what the proposed testimony would have been. “‘It is well settled that when a party’s evidence has been ruled inadmissible, the party must proffer or avouch the evidence for the record in order to preserve the ruling for appeal; otherwise, the appellate court has no basis to decide whether the evidence was admissible.’” Zelenak v. Commonwealth, 25 Va. App. 295, 302 , 487 S.E.2d 873, 876 (1997) (en banc) (quoting Smith v. Hylton, 14 Va. App. 354, 357-58 , 416 S.E.2d 712, 715 (1992)). | 1 | 1 |
State v. Blossergreen1 sentence2010Their reliability does not depend on the validity of the polygraph test or the operator’s skill in conducting the test or interpreting its results.” State v. Blosser, 558 P.2d 105, 107-08 (Kan. 1976). | 1 | 1 |
People v. Cummingsgreen1 sentence2010“The statements made by the defendant to the polygraph technician, if edited to remove references to the polygraph examination itself, are admissible.” People v. Cummings, 706 P.2d 766, 771 (Colo. 1985). | 1 | 1 |
Coleman v. Commonwealthgreen2 sentences2005Additionally, this Court noted that “the Supreme Court of Virginia has expressly recognized that ‘it is the custodial nature rather than the location of the interrogation that triggers the necessity for giving Miranda warnings.’” Aldridge, 44 Va. App. at 643 , 606 S.E.2d at 551 (quoting Coleman v. Commonwealth, 226 Va. 31, 47 , 307 S.E.2d 864, 872 (1983) (emphasis added)). -4- In February 2003, appellant initiated contact with Detective Ignacio and asked to take a polygraph test and that he be transported to the police station. 2005Additionally, this Court noted that “the Supreme Court of Virginia has expressly recognized that ‘it is the custodial nature rather than the location of the interrogation that triggers the necessity for giving Miranda warnings.’” Aldridge, 44 Va. App. at 643 , 606 S.E.2d at 551 (quoting Coleman v. Commonwealth, 226 Va. 31, 47 , 307 S.E.2d 864, 872 (1983) (emphasis added)). -4- In February 2003, appellant initiated contact with Detective Ignacio and asked to take a polygraph test and that he be transported to the police station. | 1 | 1 |
United States v. Robert Morris Dotson, Jr.green1 sentence2003See United States v. Dotson, 324 F.3d 256, 261 (4th Cir. 2003) (requirement of a polygraph test as a condition of probation related to defendant's treatment and was a reasonable tool). | 1 | 1 |
Oregon v. Mathiasongreen1 sentence2000This case is similar to Oregon v. Mathiason, 429 U.S. 492, 495 (1977). | 1 | 1 |
Taylor v. Commonwealthgreen2 sentences1999See Taylor v. Commonwealth, 3 Va. App. 59, 62-63 , 348 S.E.2d 36, 38 (1986) (finding improper admission of the defendant's polygraph test results was not harmless beyond a reasonable doubt when the defendant's credibility "was a crucial issue to be decided in resolving" a conflict in the evidence). ________________ * * * * * * * Jeanette Huckleby reports [defendant] took a knife, raped me at knife point, and subdued me by what? 1999See Taylor v. Commonwealth, 3 Va. App. 59, 62-63 , 348 S.E.2d 36, 38 (1986) (finding improper admission of the defendant's polygraph test results was not harmless beyond a reasonable doubt when the defendant's credibility "was a crucial issue to be decided in resolving" a conflict in the evidence). ________________ * * * * * * * Jeanette Huckleby reports [defendant] took a knife, raped me at knife point, and subdued me by what? | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Turner v. Com.green2 sentences2025But see Turner v. Commonwealth, 278 Va. 739, 743-45 (2009) (noting the circuit court erred in -7- admitting a major violation report that contained the results of the defendant’s polygraph test because it falls short of being “demonstrably reliable”). 2018In Turner , we considered whether a probation officer's report that stated the defendant's polygraph test results indicated "deception" was properly admitted at a probation revocation proceeding. 278 Va. at 741 -42 , 685 S.E.2d 665 . | 1 | 2 |
| Case | Cited | Years |
|---|---|---|
Correll v. Commonwealth
green
2 sentences2008Instead, Correll argued that his conversation with the Franklin County officer on the third day was “an extension of the interrogation that began that morning ... [with] a polygraph test.” Id. at 463 , 352 S.E.2d at 357 . 2008Instead, Correll argued that his conversation with the Franklin County officer on the third day was “an extension of the interrogation that began that morning ... [with] a polygraph test.” Id. at 463 , 352 S.E.2d at 357 . | 3 | 2007–2025 |
Ferguson v. Commonwealth
green
1 sentence2025Correll argued only “that his conversation with the . . . officer on the third day was ‘an extension of the interrogation that began that morning . . . [with] a polygraph test.’” Id. (alterations in original). | 1 | 2025–2025 |
Gagnon v. Scarpelli
red
2 sentences2018We noted that a "sentencing court is vested with wide discretion in probation revocation proceedings and 'formal procedures and rules of evidence are not employed.' " Id. at 742 , 685 S.E.2d 665 (quoting Gagnon , 411 U.S. at 789 , 93 S.Ct. 1756 ). 2018We noted that a "sentencing court is vested with wide discretion in probation revocation proceedings and 'formal procedures and rules of evidence are not employed.' " Id. at 742 , 685 S.E.2d 665 (quoting Gagnon , 411 U.S. at 789 , 93 S.Ct. 1756 ). | 1 | 2018–2018 |
Aldridge v. Commonwealth
green
1 sentence2005Additionally, this Court noted that “the Supreme Court of Virginia has expressly recognized that ‘it is the custodial nature rather than the location of the interrogation that triggers the necessity for giving Miranda warnings.’” Aldridge, 44 Va. App. at 643 , 606 S.E.2d at 551 (quoting Coleman v. Commonwealth, 226 Va. 31, 47 , 307 S.E.2d 864, 872 (1983) (emphasis added)). -4- In February 2003, appellant initiated contact with Detective Ignacio and asked to take a polygraph test and that he be transported to the police station. | 1 | 2005–2005 |
Mueller v. Commonwealth
green
2 sentences2004The trial court's statement was not a finding that the jurors in fact had this knowledge and could not ignore it, or that the jury was not impartial. "[T]here is a presumption that a defendant can receive a fair trial from the citizens of the jurisdiction in which the offense occurred." Mueller v. Commonwealth, 244 Va. 386 , 398, 422 S.E.2d 380 , 388 (1992). 2004The trial court's statement was not a finding that the jurors in fact had this knowledge and could not ignore it, or that the jury was not impartial. "[T]here is a presumption that a defendant can receive a fair trial from the citizens of the jurisdiction in which the offense occurred." Mueller v. Commonwealth, 244 Va. 386 , 398, 422 S.E.2d 380 , 388 (1992). | 1 | 2004–2004 |
Branch v. Virginia Employment Commission & Virginia Chemical Co.
green
1 sentence1987The Commission quoted Branch v. Virginia Employment Commission, 219 Va. 609 (1978), as follows: In our view, an employee is guilty of "misconduct connected with his work" when he deliberately violates a company rule reasonably designed to protect the legitimate business interests of his employer .... | 1 | 1987–1987 |
Odum v. Commonwealth
green
2 sentences1986Furthermore, any effort to have so proven would have been contra to the well established principle in Virginia that the polygraph test is “inherently unreliable.” See, e.g., Odum, 225 Va. 123 , 301 S.E.2d 145 . 1986Furthermore, any effort to have so proven would have been contra to the well established principle in Virginia that the polygraph test is “inherently unreliable.” See, e.g., Odum, 225 Va. 123 , 301 S.E.2d 145 . | 1 | 1986–1986 |
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.