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11 South Dakota opinions name it 1 courts 1973–2018 0 in the last five years
The cases below were cited by South Dakota 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 |
|---|---|---|
United States v. Montgomerygreen1 sentence2018The court’s determination is further supported by the fact that Bertram’s polygraph test was -11- #28063 unilateral—a “privately commissioned polygraph test, which [is] unknown to the government until after its completion, is of extremely dubious probative value[.]” United States v. Montgomery, 635 F.3d 1074, 1094 (8th Cir. 2011) (emphasis added) (quoting United States v. Sherlin, 67 F.3d 1208, 1217 (6th Cir. 1995)). | 1 | 1 |
United States v. Keith Sherlin (94-6111) and Tracy Teague (94-6112)green1 sentence2018The court’s determination is further supported by the fact that Bertram’s polygraph test was -11- #28063 unilateral—a “privately commissioned polygraph test, which [is] unknown to the government until after its completion, is of extremely dubious probative value[.]” United States v. Montgomery, 635 F.3d 1074, 1094 (8th Cir. 2011) (emphasis added) (quoting United States v. Sherlin, 67 F.3d 1208, 1217 (6th Cir. 1995)). | 1 | 1 |
People v. Brooksgreen1 sentence2005Brooks, 778 N.E.2d at 341 (noting that the results of a portable breath test are inadmissible in Illinois as evidence of intoxication); Eickhoff, 84 Ill.Dec. 300 , 471 N.E.2d at 1068 (noting that the results of a polygraph test are inadmissible at trial and therefore the refusal to take the polygraph test is also inadmissible); Driver, 183 A.2d at 658 (holding results of a polygraph test are inadmissible at trial, as is the refusal to take the test). [¶ 41.] Defendant next argues that SDCL 32-23-10.1 4 makes the refusal to submit to chemical analysis of blood, urine, breath, or other bodily su | 1 | 1 |
People v. Eickhoffgreen2 sentences2005Brooks, 778 N.E.2d at 341 (noting that the results of a portable breath test are inadmissible in Illinois as evidence of intoxication); Eickhoff, 84 Ill.Dec. 300 , 471 N.E.2d at 1068 (noting that the results of a polygraph test are inadmissible at trial and therefore the refusal to take the polygraph test is also inadmissible); Driver, 183 A.2d at 658 (holding results of a polygraph test are inadmissible at trial, as is the refusal to take the test). [¶ 41.] Defendant next argues that SDCL 32-23-10.1 4 makes the refusal to submit to chemical analysis of blood, urine, breath, or other bodily su 2005Brooks, 778 N.E.2d at 341 (noting that the results of a portable breath test are inadmissible in Illinois as evidence of intoxication); Eickhoff, 84 Ill.Dec. 300 , 471 N.E.2d at 1068 (noting that the results of a polygraph test are inadmissible at trial and therefore the refusal to take the polygraph test is also inadmissible); Driver, 183 A.2d at 658 (holding results of a polygraph test are inadmissible at trial, as is the refusal to take the test). [¶ 41.] Defendant next argues that SDCL 32-23-10.1 4 makes the refusal to submit to chemical analysis of blood, urine, breath, or other bodily su | 1 | 1 |
State v. Drivergreen1 sentence2005Brooks, 778 N.E.2d at 341 (noting that the results of a portable breath test are inadmissible in Illinois as evidence of intoxication); Eickhoff, 84 Ill.Dec. 300 , 471 N.E.2d at 1068 (noting that the results of a polygraph test are inadmissible at trial and therefore the refusal to take the polygraph test is also inadmissible); Driver, 183 A.2d at 658 (holding results of a polygraph test are inadmissible at trial, as is the refusal to take the test). [¶ 41.] Defendant next argues that SDCL 32-23-10.1 4 makes the refusal to submit to chemical analysis of blood, urine, breath, or other bodily su | 1 | 1 |
State v. McQuillengreen1 sentence2000State v. Thompson, 1997 SD 15, ¶ 28 , 560 N.W.2d 535, 541 (citing State v. Darby, 1996 SD 127, ¶ 26 , 556 N.W.2d 311, 319 (citing State v. McQuillen, 345 N.W.2d 867, 870 (S.D.1984))). [22] While the trial court ruled any references to the polygraph test were inadmissible at trial, we find Anderson's answers indicate he was knowledgeable of the law, which goes to the second voluntariness factor, level of intelligence and education. | 1 | 1 |
State v. Darbygreen2 sentences2000State v. Thompson, 1997 SD 15, ¶ 28 , 560 N.W.2d 535, 541 (citing State v. Darby, 1996 SD 127, ¶ 26 , 556 N.W.2d 311, 319 (citing State v. McQuillen, 345 N.W.2d 867, 870 (S.D.1984))). [22] While the trial court ruled any references to the polygraph test were inadmissible at trial, we find Anderson's answers indicate he was knowledgeable of the law, which goes to the second voluntariness factor, level of intelligence and education. 2000State v. Thompson, 1997 SD 15, ¶ 28 , 560 N.W.2d 535, 541 (citing State v. Darby, 1996 SD 127, ¶ 26 , 556 N.W.2d 311, 319 (citing State v. McQuillen, 345 N.W.2d 867, 870 (S.D.1984))). [22] While the trial court ruled any references to the polygraph test were inadmissible at trial, we find Anderson's answers indicate he was knowledgeable of the law, which goes to the second voluntariness factor, level of intelligence and education. | 1 | 1 |
State v. Thompsonyellow2 sentences2000State v. Thompson, 1997 SD 15, ¶ 28 , 560 N.W.2d 535, 541 (citing State v. Darby, 1996 SD 127, ¶ 26 , 556 N.W.2d 311, 319 (citing State v. McQuillen, 345 N.W.2d 867, 870 (S.D.1984))). [22] While the trial court ruled any references to the polygraph test were inadmissible at trial, we find Anderson's answers indicate he was knowledgeable of the law, which goes to the second voluntariness factor, level of intelligence and education. 2000State v. Thompson, 1997 SD 15, ¶ 28 , 560 N.W.2d 535, 541 (citing State v. Darby, 1996 SD 127, ¶ 26 , 556 N.W.2d 311, 319 (citing State v. McQuillen, 345 N.W.2d 867, 870 (S.D.1984))). [22] While the trial court ruled any references to the polygraph test were inadmissible at trial, we find Anderson's answers indicate he was knowledgeable of the law, which goes to the second voluntariness factor, level of intelligence and education. | 1 | 1 |
State v. Caffreygreen2 sentences1990The polygraph test was not used as a psychological threat, or figurative “rubber hose”, in the manner proscribed in State v. Caffrey, 332 N.W.2d 269, 272 (S.D.1983). 1990The polygraph test was not used as a psychological threat, or figurative "rubber hose", in the manner proscribed in State v. Caffrey, 332 N.W.2d 269, 272 (S.D.1983). | 1 | 1 |
State v. Dornbuschgreen2 sentences1989See State v. Dornbusch, 384 N.W.2d 682 (S.D. 1986); State v. Anderson, 387 N.W.2d 544 (S.D.1986). 1989See State v. Dornbusch, 384 N.W.2d 682 (S.D. 1986); State v. Anderson, 387 N.W.2d 544 (S.D.1986). | 1 | 1 |
State v. Madsengreen2 sentences1986See, e.g., State v. Madsen, 125 Ariz. 346 , 609 P.2d 1046 (1980); People v. Hogan, 183 Cal.Rptr. 817 , 31 Cal.3rd 815, 647 P.2d 93 (1982); People v. Carter, 48 Cal.2d 737 , 312 P.2d 665 (1957); State v. Zaehringer, 280 N.W.2d 416 (Iowa 1979); State v. Kolander, 236 Minn. 209 , 52 N.W.2d 458 (1952). 1986See, e.g., State v. Madsen, 125 Ariz. 346 , 609 P.2d 1046 (1980); People v. Hogan, 183 Cal.Rptr. 817 , 31 Cal.3rd 815, 647 P.2d 93 (1982); People v. Carter, 48 Cal.2d 737 , 312 P.2d 665 (1957); State v. Zaehringer, 280 N.W.2d 416 (Iowa 1979); State v. Kolander, 236 Minn. 209 , 52 N.W.2d 458 (1952). | 1 | 1 |
People v. Andrewsgreen2 sentences1973See also, People v. Andrews, 14 Cal.App.3d 40 , 92 Cal.Rptr. 49 , where it was held to be reversible error (when considered in conjunction with the prosecutor’s misconduct on an unrelated matter) for the trial court to have asked a key prosecution witness whether he had taken a lie detector test and whether the charges against him had been dismissed after such test, to which the witness replied in the affirmative. 5 . 1973See also, People v. Andrews, 14 Cal.App.3d 40 , 92 Cal.Rptr. 49 , where it was held to be reversible error (when considered in conjunction with the prosecutor’s misconduct on an unrelated matter) for the trial court to have asked a key prosecution witness whether he had taken a lie detector test and whether the charges against him had been dismissed after such test, to which the witness replied in the affirmative. 5 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Tenorio
green
1 sentence2018Id. at 1128 . | 1 | 2018–2018 |
Loop v. Class
green
2 sentences1999Cf. Loop v. Class, 1996 SD 107, ¶ 24 , 554 N.W.2d 189, 193 . [3] At one point in the interview, Bradley volunteered to take a polygraph test if done in the presence of his attorney who was representing him on an unrelated criminal matter. 1999Cf. Loop v. Class, 1996 SD 107, ¶ 24 , 554 N.W.2d 189, 193 . [3] At one point in the interview, Bradley volunteered to take a polygraph test if done in the presence of his attorney who was representing him on an unrelated criminal matter. | 1 | 1999–1999 |
Satter v. Solem
green
2 sentences1996This court addressed the statements in Satter IV, and held them involuntary because “[T]he failure of the State to fulfill its promise [to offer a polygraph test] invalidate[d] Satter’s waiver of his rights and ma[de] his statement involuntary.” Id. (citing Lynumn v. Illinois, 372 U.S. 528 , 83 S.Ct. 917 , 9 L.Ed.2d 922 (1963)). 1996Also that the State will not contest or object to the polygraph test being offered as evidence.” Satter IV, 458 N.W.2d at 769 . | 1 | 1996–1996 |
Lynumn v. Illinois
green
2 sentences1996This court addressed the statements in Satter IV, and held them involuntary because “[T]he failure of the State to fulfill its promise [to offer a polygraph test] invalidate[d] Satter’s waiver of his rights and ma[de] his statement involuntary.” Id. (citing Lynumn v. Illinois, 372 U.S. 528 , 83 S.Ct. 917 , 9 L.Ed.2d 922 (1963)). 1996This court addressed the statements in Satter IV, and held them involuntary because “[T]he failure of the State to fulfill its promise [to offer a polygraph test] invalidate[d] Satter’s waiver of his rights and ma[de] his statement involuntary.” Id. (citing Lynumn v. Illinois, 372 U.S. 528 , 83 S.Ct. 917 , 9 L.Ed.2d 922 (1963)). | 1 | 1996–1996 |
State v. O'CONNOR
green
2 sentences1990State v. O’Connor, 86 S.D. 294 , 194 N.W.2d 246 (1972); State v. Watson, 248 N.W.2d 398 (S.D.1976); State v. Muetze, 368 N.W.2d 575 (S.D.1975); State v. Waff, 373 N.W.2d 18 (S.D.1985). 1990State v. O’Connor, 86 S.D. 294 , 194 N.W.2d 246 (1972); State v. Watson, 248 N.W.2d 398 (S.D.1976); State v. Muetze, 368 N.W.2d 575 (S.D.1975); State v. Waff, 373 N.W.2d 18 (S.D.1985). | 1 | 1990–1990 |
State v. Muetze
green
2 sentences1990State v. O'Connor, 86 S.D. 294 , 194 N.W.2d 246 (1972); State v. Watson, 248 N.W.2d 398 (S.D.1976); State v. Muetze, 368 N.W.2d 575 (S.D.1975); State v. Waff, 373 N.W.2d 18 (S.D.1985). 1990State v. O’Connor, 86 S.D. 294 , 194 N.W.2d 246 (1972); State v. Watson, 248 N.W.2d 398 (S.D.1976); State v. Muetze, 368 N.W.2d 575 (S.D.1975); State v. Waff, 373 N.W.2d 18 (S.D.1985). | 1 | 1990–1990 |
State v. Waff
green
2 sentences1990State v. O'Connor, 86 S.D. 294 , 194 N.W.2d 246 (1972); State v. Watson, 248 N.W.2d 398 (S.D.1976); State v. Muetze, 368 N.W.2d 575 (S.D.1975); State v. Waff, 373 N.W.2d 18 (S.D.1985). 1990State v. O’Connor, 86 S.D. 294 , 194 N.W.2d 246 (1972); State v. Watson, 248 N.W.2d 398 (S.D.1976); State v. Muetze, 368 N.W.2d 575 (S.D.1975); State v. Waff, 373 N.W.2d 18 (S.D.1985). | 1 | 1990–1990 |
State v. Watson
green
2 sentences1990State v. O'Connor, 86 S.D. 294 , 194 N.W.2d 246 (1972); State v. Watson, 248 N.W.2d 398 (S.D.1976); State v. Muetze, 368 N.W.2d 575 (S.D.1975); State v. Waff, 373 N.W.2d 18 (S.D.1985). 1990State v. O’Connor, 86 S.D. 294 , 194 N.W.2d 246 (1972); State v. Watson, 248 N.W.2d 398 (S.D.1976); State v. Muetze, 368 N.W.2d 575 (S.D.1975); State v. Waff, 373 N.W.2d 18 (S.D.1985). | 1 | 1990–1990 |
State v. Anderson
green
2 sentences1989See State v. Dornbusch, 384 N.W.2d 682 (S.D. 1986); State v. Anderson, 387 N.W.2d 544 (S.D.1986). 1989See State v. Dornbusch, 384 N.W.2d 682 (S.D. 1986); State v. Anderson, 387 N.W.2d 544 (S.D.1986). | 1 | 1989–1989 |
State v. Kolander
green
2 sentences1986See, e.g., State v. Madsen, 125 Ariz. 346 , 609 P.2d 1046 (1980); People v. Hogan, 183 Cal.Rptr. 817 , 31 Cal.3rd 815, 647 P.2d 93 (1982); People v. Carter, 48 Cal.2d 737 , 312 P.2d 665 (1957); State v. Zaehringer, 280 N.W.2d 416 (Iowa 1979); State v. Kolander, 236 Minn. 209 , 52 N.W.2d 458 (1952). 1986See, e.g., State v. Madsen, 125 Ariz. 346 , 609 P.2d 1046 (1980); People v. Hogan, 183 Cal.Rptr. 817 , 31 Cal.3rd 815, 647 P.2d 93 (1982); People v. Carter, 48 Cal.2d 737 , 312 P.2d 665 (1957); State v. Zaehringer, 280 N.W.2d 416 (Iowa 1979); State v. Kolander, 236 Minn. 209 , 52 N.W.2d 458 (1952). | 1 | 1986–1986 |
State v. Zaehringer
green
2 sentences1986See, e.g., State v. Madsen, 125 *686 Ariz. 346, 609 P.2d 1046 (1980); People v. Hogan, 183 Cal.Rptr. 817 , 31 Cal.3rd 815, 647 P.2d 93 (1982); People v. Carter, 48 Cal.2d 737 , 312 P.2d 665 (1957); State v. Zaehringer, 280 N.W.2d 416 (Iowa 1979); State v. Kolander, 236 Minn. 209 , 52 N.W.2d 458 (1952). 1986See, e.g., State v. Madsen, 125 Ariz. 346 , 609 P.2d 1046 (1980); People v. Hogan, 183 Cal.Rptr. 817 , 31 Cal.3rd 815, 647 P.2d 93 (1982); People v. Carter, 48 Cal.2d 737 , 312 P.2d 665 (1957); State v. Zaehringer, 280 N.W.2d 416 (Iowa 1979); State v. Kolander, 236 Minn. 209 , 52 N.W.2d 458 (1952). | 1 | 1986–1986 |
People v. Hogan
yellow
2 sentences1986See, e.g., State v. Madsen, 125 Ariz. 346 , 609 P.2d 1046 (1980); People v. Hogan, 183 Cal.Rptr. 817 , 31 Cal.3rd 815, 647 P.2d 93 (1982); People v. Carter, 48 Cal.2d 737 , 312 P.2d 665 (1957); State v. Zaehringer, 280 N.W.2d 416 (Iowa 1979); State v. Kolander, 236 Minn. 209 , 52 N.W.2d 458 (1952). 1986See, e.g., State v. Madsen, 125 Ariz. 346 , 609 P.2d 1046 (1980); People v. Hogan, 183 Cal.Rptr. 817 , 31 Cal.3rd 815, 647 P.2d 93 (1982); People v. Carter, 48 Cal.2d 737 , 312 P.2d 665 (1957); State v. Zaehringer, 280 N.W.2d 416 (Iowa 1979); State v. Kolander, 236 Minn. 209 , 52 N.W.2d 458 (1952). | 1 | 1986–1986 |
People v. Carter
green
2 sentences1986See, e.g., State v. Madsen, 125 Ariz. 346 , 609 P.2d 1046 (1980); People v. Hogan, 183 Cal.Rptr. 817 , 31 Cal.3rd 815, 647 P.2d 93 (1982); People v. Carter, 48 Cal.2d 737 , 312 P.2d 665 (1957); State v. Zaehringer, 280 N.W.2d 416 (Iowa 1979); State v. Kolander, 236 Minn. 209 , 52 N.W.2d 458 (1952). 1986See, e.g., State v. Madsen, 125 Ariz. 346 , 609 P.2d 1046 (1980); People v. Hogan, 183 Cal.Rptr. 817 , 31 Cal.3rd 815, 647 P.2d 93 (1982); People v. Carter, 48 Cal.2d 737 , 312 P.2d 665 (1957); State v. Zaehringer, 280 N.W.2d 416 (Iowa 1979); State v. Kolander, 236 Minn. 209 , 52 N.W.2d 458 (1952). | 1 | 1986–1986 |
United States v. Effie Sylvia Little Bear
green
1 sentence1983In addition, the record does not indicate the FBI agents advised Ms. Little Bear that she could refuse to take the polygraph test, discontinue it at any point, or decline to answer any question. 583 F.2d at 413 . | 1 | 1983–1983 |
Mattox v. State
green
2 sentences1973Such explicit reference to a polygraph test was held to be reversible error in Mattox v. State, 240 Miss. 544 , 128 So. 2d 368 , where several direct references were made to the fact that the state’s key witness had taken a lie detector test. 1973Such explicit reference to a polygraph test was held to be reversible error in Mattox v. State, 240 Miss. 544 , 128 So. 2d 368 , where several direct references were made to the fact that the state’s key witness had taken a lie detector test. | 1 | 1973–1973 |
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.