State v. Curtis, 73--250

Citation281 So.2d 514
Decision Date21 August 1973
Docket NumberNo. 73--250,73--250
PartiesSTATE of Florida, Petitioner, v. George CURTIS, Respondent.
CourtCourt of Appeal of Florida (US)

Richard E. Gerstein, State's Atty., and Harold Ungerleider, Asst. State's Atty., for petitioner.

Phillip A. Hubbart, Public Defender, and Roy E. Black, Asst. Public Defender, for respondent.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PER CURIAM.

By certiorari, the state seeks review of a pre-trial 1 order of the trial judge permitting the defendant at trial to introduce expert testimony concerning the results of a polygraph examination made of the defendant. This order was entered after an extensive evidentiary hearing as to the reliability of the polygraph.

The admissibility of polygraph evidence has been the subject of appellate scrutiny by our Supreme Court which has found such evidence to be inadmissible as recently as 1970. Kaminski v. State, Fla.1952, 63 So.2d 339; Anderson v. State, Fla.1970, 241 So.2d 309. It is clear trial courts should follow the most recent pronouncements of the Supreme Court. See: Hoffman v. Jones, Fla.1973, 280 So.2d 431 (1973). Moreover, we believe that the validity of the polygraph test and the reliability of testimony dealing therewith is still dependent upon too large a number of variable factors impossible of resolution. See: United States v. Urquidez, D.C.Cal.1973, 356 F.Supp. 1363.

Accordingly, certiorari is granted and the order of the trial court allowing the admission of such testimony in defendant's trial is quashed and remanded for proceedings in accord herewith.

1 This order took place before the new trial of defendant. The state also attacks the jurisdiction of the court to have entered the order granting the new trial. However, the record reveals that the state made no attempt to appeal from the order granting the new trial as provided for by Fla.Stat. § 924.07, F.S.A., and the state cannot now argue the point.

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8 cases
  • Delap v. State
    • United States
    • Florida Supreme Court
    • September 15, 1983
    ...903 (Fla. 3d DCA), cert. denied, 336 So.2d 1184 (Fla.1976). Polygraph testing has not passed the reliability threshold. State v. Curtis, 281 So.2d 514 (Fla. 3d DCA 1973), cert. denied, 290 So.2d 493 The use of a polygraph examination as evidence is premised on the waiver by both parties of ......
  • People v. Levelston
    • United States
    • Court of Appeal of Michigan — District of US
    • July 24, 1974
    ...221 N.W.2d 235 ... 54 Mich.App. 477 ... PEOPLE of the State of Michigan, Plaintiff-Appellant, ... Rodell LEVELSTON, Defendant-Appellee ... Docket No. 18532 ... 1363 (C.D.Cal.1973); United States v. Sockel, 478 F.2d 1134 (C.A.8, 1973); State v. Curtis, ... 281 So.2d 514 (Fla.App., 1973); State v. Jones, 281 So.2d 220 (Fla.App., 1973); People v ... ...
  • Simeon v. State, 86-2866
    • United States
    • Florida District Court of Appeals
    • February 16, 1988
    ...irreparably erroneous. Kaminski v. State, 63 So.2d 339 (Fla.1952); Frazier v. State, 425 So.2d 192 (Fla. 3d DCA 1983); State v. Curtis, 281 So.2d 514 (Fla. 3d DCA 1973), cert. denied, 290 So.2d 493 (Fla.1974); see United States v. Hilton, 772 F.2d 783 (11th Cir.1985); United States v. Brown......
  • Crawford v. State, 74-1439
    • United States
    • Florida District Court of Appeals
    • November 14, 1975
    ...State, 63 So.2d 339 (Fla.1953); Dean v. State, 325 So.2d 14 opinion filed August 28, 1975, 1st Dist.Ct. of Appeal Case; State v. Curtis, 281 So.2d 514 (Fla.App.1973); State v. Brown, 177 So.2d 532 (Fla.App.1965); Johnson v. State, 166 So.2d 798 Turning to the instant case, Hardy was the onl......
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1 books & journal articles
  • The polygraph examination - a valuable arbitration tool.
    • United States
    • Florida Bar Journal Vol. 83 No. 6, June 2009
    • June 1, 2009
    ...polygraphs have been found to be per se inadmissible. Delap v. State, 440 So. 2d 1242, 1247 (Fla. 1983) (citing, State v. Curtis, 281 So. 2d 514 (Fla. 3d D.C.A. 1973)). Currently before the Florida Supreme Court is the question whether the tests for admissibility of polygraph examinations a......

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