Davis v. State

We are receding from Howard v. State, 458 So.2d 407 (Fla. 4th DCA 1984), which interpreted Delap v. State, 440 So.2d 1242 (Fla.1983), saying:

We find no other error in the trial court, but mention the stipulation for the use of the polygraph examination for two reasons. First, we remind counsel that by stipulating to its use, the defendant waives the underlying objection to reliability, thus mooting reliability as an issue. See DeLap v. State, 440 So.2d 1242, 1247 (Fla.1983).

Id. at 408.1

DeLap, which Howard interpreted, reiterated that parties may stipulate to the admissibility of the results…