State v. Chavez, 510
| Decision Date | 18 December 1970 |
| Docket Number | No. 510,510 |
| Citation | 1970 NMCA 128,478 P.2d 566,82 N.M. 238 |
| Parties | STATE of New Mexico, Plaintiff-Appellee, v. Robert E. CHAVEZ, Defendant-Appellant. |
| Court | Court of Appeals of New Mexico |
Defendant's conviction of armed robbery was affirmed in State v. Chavez, 80 N.M 786, 461 P.2d 919 (Ct.App.1969). He is here now on appeal from an order denying his motion for post-conviction relief without an evidentiary hearing thereon having been granted. We affirm.
His contention is the admission into evidence at his trial of testimony concerning a polygraph examination, and the examiner's opinion as to the results of the same, violated his constitutional rights against self-incrimination. He argues he was not given the Miranda warnings, and did not intelligently and voluntarily waive his right against self-incrimination after having full and complete knowledge of all the facts. He must fail in this argument because:
First, the voluntary submission by him to the examination, which was conducted at his request, without first being given the Miranda warnings and without knowing all that would be asked of him, his responses thereto, and the results of the examination, is not to be equated with self-incrimination, nor is the examiner's interpretation of the results of such examination to be equated with an interpretation from one language into another of self-incriminating statements. We reject his argument that the interpretation of the results of the test by the examiner is comparable to an interpretation by a linguist of statements from one language into another. The capacity for accuracy in interpretations from one language to another is universally understood and accepted. Whereas, the reliability of polygraph examinations is so doubtful '* * * that the procedure has not gained general acceptance in the particular field in which it belongs * * *', and evidence relative to such examinations and their results is not admissible over objection. State v. Chavez, supra. This doubt as to reliability goes to the validity of both the observable results of such examinations and the interpretation of these results by the examiner. State v. Trimble, 68 N.M. 406, 362 P.2d 788 (1961); State v. Lowry, 163 Kan. 622, 185 P.2d 147 (1947); Boeche v. State,151 Neb. 368, 37 N.W.2d 593 (1949); Henderson v. State, 94 Okl.Crim. 45,230 P.2d 495, 23...
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State v. Alderete
...of a polygraph examination is not admissible over objection. State v. Chavez, 80 N.M. 786, 787, 461 P.2d 919 (Ct.App.1969); 82 N.M. 238, 478 P.2d 566 (Ct.App.1970); Chavez v. State, 456 F.2d 1072 (10th Cir. 1972); State v. Varos, 69 N.M. 19, 363 P.2d 629 (1961); State v. Trimble, 68 N.M. 40......
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State v. Ortiz
...results are raised for the first time on appeal and should not be considered under Appellate Rule 11. See State v. Chavez, 82 N.M. 238, 478 P.2d 566 (Ct.App.1970). The prospective jurors excused for cause stated they could not return a verdict of guilty of first degree murder regardless of ......
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State v. Jenkins, 13570
...For cases dealing with the admissibility of evidence concerning polygraph test see, Powers v. Carvalho, R.I., 281 A.2d 298; State v. Chavez, 82 N.M. 238, 478 P.2d 566; State v. Trotter, 110 Ariz. 61, 514 P.2d 1249; and State v. Valdez, 91 Ariz. 274, 371 P.2d 894.7 See Sec. 78--24--1, U.C.A.......
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State v. Lucero
...employed as approved by the authorities in the field; and 5. The validity of the tests made on the subject. State v. Chavez, 82 N.M. 238, 478 P.2d 566 (Ct.App.1970); State v. Chavez, 80 N.M. 786, 461 P.2d 919 (Ct.App.1969); Chavez v. State, 456 F.2d 1072 (10th Cir. 1972); State v. Varos, 69......