8 Montana opinions name it 1 courts 1978–2008 0 in the last five years
The cases below were cited by Montana 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 |
|---|---|---|
State v. Staatgreen2 sentences2008He is correct that polygraph results are inadmissible, but he is incorrect that inadmissibility of results renders the polygraph condition illegal. ¶18 In State v. Staat, 248 Mont. 291 , 811 P.2d 1261 (1991), Staat was released on bond pending his appeal and his bond subsequently was revoked based on the results of a court-ordered polygraph test. 2008He is correct that polygraph results are inadmissible, but he is incorrect that inadmissibility of results renders the polygraph condition illegal. ¶18 In State v. Staat, 248 Mont. 291 , 811 P.2d 1261 (1991), Staat was released on bond pending his appeal and his bond subsequently was revoked based on the results of a court-ordered polygraph test. | 1 | 2 |
State v. Bashorgreen2 sentences1980See State v. Bashor (1980), 188 Mont. 397 , 614 P.2d 470 . 1980See State v. Bashor (1980), 188 Mont. 397 , 614 P.2d 470 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Anderson
green
2 sentences2008Although we held that polygraph examination results were not admissible in any court proceeding, the legality of the court’s underlying order that Staat take a polygraph test was neither raised nor addressed. ¶19 We further refined the “not admissible” rule in State v. Anderson, 1999 MT 58 , 293 Mont. 472 , 977 P.2d 315 . 2008Although we held that polygraph examination results were not admissible in any court proceeding, the legality of the court’s underlying order that Staat take a polygraph test was neither raised nor addressed. ¶19 We further refined the “not admissible” rule in State v. Anderson, 1999 MT 58 , 293 Mont. 472 , 977 P.2d 315 . | 2 | 2007–2008 |
State v. Duffy
green
2 sentences2003State v. Duffy, 2000 MT 186, ¶ 18 , 300 Mont. 381, ¶ 18 , *401 6 P.3d 453, ¶ 18 . ¶104 DuBray underwent a polygraph test, and was given a copy of the polygraph report. 2003State v. Duffy, 2000 MT 186, ¶ 18 , 300 Mont. 381, ¶ 18 , *401 6 P.3d 453, ¶ 18 . ¶104 DuBray underwent a polygraph test, and was given a copy of the polygraph report. | 1 | 2003–2003 |
Steer, Inc. v. Department of Revenue
green
2 sentences1999Steer, Inc. v. Department of Revenue (1990), 245 Mont. 470, 475 , 803 P.2d 601, 603-604 . 1999Steer, Inc. v. Department of Revenue (1990), 245 Mont. 470, 475 , 803 P.2d 601, 603-604 . | 1 | 1999–1999 |
Carbon County v. Union Reserve Coal Co., Inc.
green
2 sentences1999Carbon County v. Union Reserve Coal Co., Inc. (1995), 271 Mont. 459, 469 , 898 P.2d 680, 686 . ¶ 11 Anderson argues that the District Court abused its discretion in not granting his motion to continue the sentencing hearing so that a new evaluation could be performed without the use of a polygraph test. 1999Carbon County v. Union Reserve Coal Co., Inc. (1995), 271 Mont. 459, 469 , 898 P.2d 680, 686 . ¶ 11 Anderson argues that the District Court abused its discretion in not granting his motion to continue the sentencing hearing so that a new evaluation could be performed without the use of a polygraph test. | 1 | 1999–1999 |
State v. Craig
green
2 sentences1995In State v. Craig (1993), 262 Mont. 240 , 864 P.2d 1240 , the defendant had slept prior to the exam and the officers did not lie about evidence, however we still held that the district court did not err in suppressing a statement made by the defendant following a polygraph examination where police officers used the results of the polygraph to elicit a statement or confession. 1995In State v. Craig (1993), 262 Mont. 240 , 864 P.2d 1240 , the defendant had slept prior to the exam and the officers did not lie about evidence, however we still held that the district court did not err in suppressing a statement made by the defendant following a polygraph examination where police officers used the results of the polygraph to elicit a statement or confession. | 1 | 1995–1995 |
State v. Mayes
green
1 sentence1995Mayes, 825 P.2d 1196 . | 1 | 1995–1995 |
Gropp v. Lotton
green
2 sentences1986Judge Henson granted the motion in limine and excluded the polygraph test of Britton, relying on State v. Beachman (Mont.1980), 616 P.2d 337 , 37 St.Rep. 1558 ; Gropp v. Lotton (1972), 160 Mont. 415 , 503 P.2d 661 , as determining that in Montana polygraph results are inadmissible in civil and criminal trials. 1986Judge Henson granted the motion in limine and excluded the polygraph test of Britton, relying on State v. Beachman (Mont.1980), 616 P.2d 337 , 37 St.Rep. 1558 ; Gropp v. Lotton (1972), 160 Mont. 415 , 503 P.2d 661 , as determining that in Montana polygraph results are inadmissible in civil and criminal trials. | 1 | 1986–1986 |
State v. Beachman
green
2 sentences1986Judge Henson granted the motion in limine and excluded the polygraph test of Britton, relying on State v. Beachman (Mont.1980), 616 P.2d 337 , 37 St.Rep. 1558 ; Gropp v. Lotton (1972), 160 Mont. 415 , 503 P.2d 661 , as determining that in Montana polygraph results are inadmissible in civil and criminal trials. 1986Judge Henson granted the motion in limine and excluded the polygraph test of Britton, relying on State v. Beachman (Mont. 1980), 616 P.2d 337 , 37 St. | 1 | 1986–1986 |
State v. Stanislawski
green
2 sentences1978Defendant urges that Montana should adopt the rule set forth in State v. Stanislawski (1974), 62 Wis.2d 730 , 216 N.W.2d 8 , wherein the Wisconsin Supreme Court set forth criteria for admissibility of polygraph evidence. 1978Defendant urges that Montana should adopt the rule set forth in State v. Stanislawski (1974), 62 Wis.2d 730 , 216 N.W.2d 8 , wherein the Wisconsin Supreme Court set forth criteria for admissibility of polygraph evidence. | 1 | 1978–1978 |
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.