Williams v. State
| Decision Date | 11 May 1978 |
| Docket Number | No. 677S418,677S418 |
| Citation | 268 Ind. 365,375 N.E.2d 226 |
| Parties | Roosevelt WILLIAMS, Appellant, v. STATE of Indiana, Appellee. |
| Court | Indiana Supreme Court |
James R. Bielefeld, Crown Point, for appellant.
Theodore L. Sendak, Atty. Gen., Charles D. Rodgers, Deputy Atty. Gen., Indianapolis, for appellee.
The appellant was convicted of murder while in the perpetration of a robbery and sentenced to life imprisonment. The record shows that the appellant, Larry Bullock and Darryl James were charged by way of indictment with murder while in the perpetration of a robbery. Bullock was acquitted for insufficient evidence and James became a witness for the State. Appellant's initial conviction was reversed by this Court on the ground that the State had used an illegal confession in prosecuting the appellant. That case is reported in 348 N.E.2d 623. On retrial the appellant was again convicted, primarily on the testimony of Darryl James. James testified that the appellant had recruited him to participate in the robbery and that the victim had been shot by Larry Bullock. On direct examination the State asked James if he had taken a polygraph examination prior to making a statement to the police in regard to the appellant's involvement in the crime. An objection was immediately raised by appellant and sustained by the trial court. Outside the presence of the jury, the appellant moved for a mistrial on the grounds of prosecutorial misconduct and prejudice resulting from reference to the examination. Appellant alternatively moved that the trial court admonish the jury to disregard the question. The court refused to grant a mistrial or to admonish the jury to disregard the question. It is this action which appellant raises as error on appeal. We hold the trial court erred in refusing to grant a mistrial. Therefore, we will not analyze the merits of other issues raised by appellant.
The grant of a mistrial is largely discretionary with the trial court and will not be disturbed on appeal unless the appellant can affirmatively demonstrate that his rights were substantially prejudiced so as to deny him a fair trial. Cooper v. State, (1977) Ind., 359 N.E.2d 532; Whitten v. State, (1975) 263 Ind. 407, 333 N.E.2d 86. James was the State's primary witness linking appellant to the crime. Therefore, the jury's determination of his credibility was essential to the State's successful prosecution. It is within this context that the effect of the State's reference to the polygraph examination must be analyzed. Absent a waiver or stipulation, the results of a polygraph examination are inadmissible in a criminal prosecution. Tope v. State, (1977) Ind., 362 N.E.2d 137. This rule is based on the proposition that polygraph examinations have not been proven to be sufficiently accurate to mandate their admission at trial and that the jury will give undue weight to the validity of such examinations. Vacendak v. State, (1976) 264 Ind. 101, 340 N.E.2d 352. Even though the prosecutor stated that he knew such evidence was inadmissible, he still asked James if he had taken the examination. His purpose in asking the question was to reinforce the credibility of James' testimony by demonstrating that he had taken the examination and was therefore testifying truthfully at trial. This conclusion is supported by dialogue between the prosecutor and the court at the time of the motion for mistrial:
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Walters v. State
...misconduct. He asserts that the trial court erred in failing to declare a mistrial for the alleged misconduct. He cites Williams v. State, (1978) Ind., 375 N.E.2d 226 to support his contentions. In Williams, however, the prosecutor deliberately asked a witness if he had taken a polygraph ex......
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Parker v. State
...Parker has also failed to demonstrate error. In Williams v. State (1976), 264 Ind. 664, 348 N.E.2d 623 appeal after remand (1978), 268 Ind. 365, 375 N.E.2d 226, our supreme court stated "the judge should make a record of the arguments and his reason for permitting guards beyond those custom......
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Reese v. State
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Graham v. State
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