State v. Hensley
| Decision Date | 19 July 1983 |
| Docket Number | No. 45473,45473 |
| Citation | 655 S.W.2d 810 |
| Parties | STATE of Missouri, Plaintiff-Respondent, v. Steven Ray HENSLEY, Defendant-Appellant. |
| Court | Missouri Court of Appeals |
John A. Schneider, Wegmann, Gasaway, Stewart, Schneider, Dickhaner, Tesreau & Stoll, Hillsborough, for defendant-appellant.
Dennis Kehm, Hillsboro, John Ashcroft, Atty. Gen., Kristie Green Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.
Appeal from defendant Steven Ray Hensley's conviction by a jury of manslaughter in violation of § 565.005 RSMo 1979. Defendant was sentenced to ten years, and for reversal contends the trial court erred in refusing to admit evidence pertaining to a polygraph examination and a psychiatric examination. Judgment affirmed.
As defendant does not challenge the sufficiency of the evidence we will set forth only those facts necessary to this appeal.
On February 19, 1981, Mrs. Anna May Weible was killed by a single gunshot wound from a 30/30 Marlin rifle fired by the defendant. Thereafter, defendant emptied the gun of its remaining shells which resulted in bullet holes around the door of the Weible residence. Defendant claimed he tripped and that the gun went off accidentally. He was charged with second degree murder and convicted of the lesser included offense of manslaughter.
Defendant first contends that under the unique circumstances of this case, testimony concerning a polygraph examination given to the defendant should have been admitted into evidence. Specifically, defendant argues that since the police's own agencies used the same examiner, there was no other eyewitness to the incident and that the defendant told a completely consistent story to everyone, the jury should have been allowed to determine the probative value of this evidence in examining the truth of defendant's statements.
Missouri case law is clear on this point and holds that the results of polygraph examinations are inadmissible as evidence in a criminal trial because they lack scientific support for their reliability. State v. Biddle, 599 S.W.2d 182, 191 (Mo. banc 1980); State v. Lieberknecht, 608 S.W.2d 93, 101 (Mo.App.1980). Defendant's arguments do not remove the inherent untrustworthiness of the polygraph examination. We are bound by the aforementioned holdings and defendant's point is without merit.
In his second point defendant contends the trial court erred in refusing to admit expert testimony concerning a psychiatric examination that found defendant was a passive--dependent personality of the sort that would have no concealed or repressed aggressive behavior tendencies. Defendant argues the State presented absolutely no evidence or even theory of motive for shooting and harming the victim and that the proffered expert testimony would have been probative and helpful to the jury in determining the truth of defendant's testimony.
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State v. Williams
...overturned unless that discretion has been abused." State v. Cooper, 708 S.W.2d 299, 302 (Mo.App.E.D.1986) (quoting State v. Hensley, 655 S.W.2d 810, 811 (Mo.App.E.D.1983)). General principles assist Missouri courts on the admissibility of expert testimony. Expert testimony should never be ......
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State v. Cooper
...are within the sound discretion of the trial court, and will not be overturned unless that discretion has been abused. State v. Hensley, 655 S.W.2d 810, 811 (Mo.App.1983). Expert testimony is admissible if it is clear that the subject of such testimony is one upon which the jurors, for want......
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State v. Bullington
...left to the discretion of the trial judge and his decision is reviewable on appeal only for an abuse of discretion. State v. Hensley, 655 S.W.2d 810 (Mo.App.1983); State v. Evans, 637 S.W.2d 62 (Mo.App.1982). The trial court here cannot be charged with any abuse of discretion in rejecting t......
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State v. Davidson, s. 66712
...proceeding are left to the discretion of the trial court and will not be overturned absent an abuse of discretion. State v. Hensley, 655 S.W.2d 810, 811 (Mo.App.1983). Defendant relies on State v. Taylor, 929 S.W.2d 925 (Mo.App. S.D.1996), to support his argument that Dr. Cuneo's testimony,......