People v. Yarbrough

I agree with my colleagues that the trial court erred in its apparent use of polygraph-test results in passing on the defendant’s motion for a new trial. I do not think, however, that the defendant’s conviction should be set aside and a new trial granted. The use of the polygraph information in no way tainted the verdict of the jury.

In the interest of judicial economy, I would, in this case, consider the merits of the defendant’s contention raised in his motion for a new trial and determine whether the trial court’s denial constituted an abuse of discretion. This, in essence, was the…