Galloway v. Brewer
| Decision Date | 22 March 1976 |
| Docket Number | No. 75--1283,75--1283 |
| Parties | James Thomas GALLOWAY, Petitioner, v. Lou V. BREWER, Warden of the Iowa State Penitentiary in Fort Madison, Iowa, Respondent. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Robert D. Bartels, Iowa City, Iowa, for petitioner.
Thomas D. McGrane, Asst. Atty. Gen., Des Moines, Iowa, for respondent.
Before CLARK, * Associate Justice, and LAY and ROSS, Circuit Judges.
This is an appeal from the judgment of the United States District Court for the Southern District of Iowa refusing to issue a writ of habeas corpus sought under 28 U.S.C. § 2241. Galloway had been convicted of murder, committed during the course of an armed robbery, and was sentenced to life imprisonment by the State District Court of Iowa in 1967. On appeal the Supreme Court of Iowa reversed on the ground that the trial court had given an erroneous jury instruction as to the defense of alibi. State v. Galloway, 167 N.W.2d 89 (Iowa 1969). In the course of its opinion the court discussed the question of the admissibility in evidence on remand of the findings of George W. Lindberg, a polygraph examiner, with respect to a polygraph test taken by Galloway in 1967. In the event the polygraph evidence was again offered at the new trial, the court directed that it be limited to Lindberg's opinion as to Galloway's truthfulness in answering seven basic questions propounded to him by Lindberg during the polygraph examination.
On remand, the State having indicated that it would again produce Lindberg to testify as to the polygraph examination, counsel for Galloway requested of the court that the State be required to produce through Lindberg all working materials used by him in making the test, including all tapes, graphs, technical and other materials, memoranda, scientific techniques and other paraphernalia, recordings, findings, etc. The trial judge denied the request on the sole ground that the matter sought to be procured was not under the control of the State of Iowa or the court and was equally available to Galloway. The Supreme Court of Iowa affirmed, State v. Galloway, 187 N.W.2d 725 (Iowa 1971). In addition, the court found that the stipulation which permitted the polygraph examination of Galloway also specifically limited the testimony regarding the test to the opinion of Lindberg as to the truthfulness of Galloway in answering the seven basic questions. We cannot agree to such a narrow interpretation of the language of the stipulation, but even if true it could not stand up under the doctrine of Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1971).
As to the polygraph agreement made between the State and Galloway, we note that it merely provides that Lindberg shall give the test; that its 'results * * * in the form of an opinion by the examiner George Lindberg may be offered in evidence' by either party together with the 'various recordings obtained as part of the test procedure,' the instrument used, the nature of...
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State v. Galloway
...petitioned in federal court for a writ of habeas corpus. On appeal in that proceeding defendant was awarded a new trial. Galloway v. Brewer, 525 F.2d 369 (8 Cir. 1975), cert. denied, 424 U.S. 974, 96 S.Ct. 1478, 47 L.Ed.2d 744 (1976). In this trial defendant was tried and convicted a third ......
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McMorris v. Israel
...question, its judgment as to the precise contours of the stipulation process must still satisfy the Constitution. See Galloway v. Brewer, 525 F.2d 369 (8th Cir. 1975), cert. denied, 424 U.S. 974, 96 S.Ct. 1478, 47 L.Ed.2d 744 We must stress, however, that ultimately our decision is closely ......
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