Legal Opinion · Concurrence

Commonwealth v. A.R.

Supreme Court of Pennsylvania

Decided October 30, 2013Published

1ConcurrenceJustice Saylor

I join the majority opinion, except for footnote 6.

As recognized by the majority, polygraph results are generally inadmissible in Pennsylvania courts. See Majority Opinion at 1183. The reason is straightforward: such “evidence” is considered unreliable.1 Nevertheless, I agree that this type of information may be admissible at a violation-of-probation hearing for a relevant, ancillary objective, provided that, in context, it is clear that it is not being offered for its truth. In this regard, I would take *1185the opportunity to comment on the rule as developed by the Superior Court, which is a…

2Cases cited9 opinions

  1. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  2. United States v. SchefferSupreme Court of the United States · 1998
  3. Grady v. Frito-Lay, Inc.Supreme Court of Pennsylvania · 2003
  4. Betz v. Pneumo Abex LLCSupreme Court of Pennsylvania · 2012
  5. DeVito v. Civil Service CommissionSupreme Court of Pennsylvania · 1961

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