State v. Lyon

NEWMAN, J.,

specially concurring.

I concur in the majority’s holding that the trial court committed reversible error when it permitted Stephenson to testify to the hearsay statements that defendant’s father made. I disagree with the majority, however, with respect to the evidence of defendant’s pre-arrest polygraph examination. The trial court should have granted defendant’s motion to suppress that evidence.

Defendant argues that polygraph evidence should never be admissible, even if a defendant stipulates to its admissibility. In the alternative, he argues that polygraph evidence should not be…