Legal Opinion

McDonald v. State

Indiana Court of Appeals

Decided May 28, 1975No. 2-974A222PublishedCited by 6 opinions

1Opinion of the CourtLybrook, J.

Defendant-appellant Noel McDonald was tried to the court and convicted of statutory rape. IC 1971, 35-13-4-3, Ind. Ann. Stat. § 10-4201 (Burns Supp. 1974). The single issue presented for review is whether the trial judge committed reversible error when he intervened as defendant was testifying on his own behalf and inquired as to his willingness to submit to a polygraph examination. For the reasons hereinafter stated, we conclude that the judge’s inquiry violated defendant’s privilege against compulsory self-incrimination and that the error resulting was not harmless.

The facts most favorable…

2Cases cited23 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chapman v. CaliforniaSupreme Court of the United States · 1967
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Gilbert v. CaliforniaSupreme Court of the United States · 1967
  5. Counselman v. HitchcockSupreme Court of the United States · 1892

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3Cited by6 opinions

  1. Vacendak v. StateIndiana Supreme Court · 1976
  2. Banks v. StateIndiana Supreme Court · 1976
  3. Serrano v. StateIndiana Supreme Court · 1977
  4. Smith v. StateIndiana Court of Appeals · 1986
  5. Brown v. StateIndiana Court of Appeals · 1983

1 more not listed; retrieve them via the Exa API.

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