Motion to Admit Polygraph Test Results

DEFENDANT’S MOTION TO DETERMINE

ADMISSIBILITY OF POLYGRAPH EXAMINATION RESULTS

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the Defendant in the above entitled and numbered cause, by and through his attorney of record, (name of Defendant’s attorney of record), and requests this Honorable Court to allow the Defendant to present evidence of polygraph test results; and in support thereof would show the Court as follows:

I.

The Defendant is charged in the instant indictment with the offense of (offense with which Defendant charged).

II.

On (date of polygraph examination), the Defendant submitted to a polygraph examination addressing the allegations contained in the instant indictment. The polygraph examination was conducted by (name of polygrapher), polygraph examiner. A true and correct copy of curriculum vitae is attached hereto and incorporated by reference for all purposes as Exhibit A.

III.

The polygraph examination conducted in reference to this case revealed that the Defendant’s responses were consistent with being truthful in his denial of the allegations set forth in the instant indictment. A true and correct copy of the polygrapher’s report is attached hereto and incorporated by reference for all purposes as Exhibit “B.”

III.

Texas courts have traditionally held that polygraph results are inadmissible for any purpose in a proceeding upon proper objection, due to issues of unreliability and that said results may be unduly persuasive to the jury and fact finder. Shiflet v. State, 732 S.W.2d 622 (Tex.Cr.App. 1985); Nethery v. State, 692 S.W.2d 686 (Tex.Cr.App. 1985); Patterson v. State, 633 S.W.2d 549 (Tex.App.—Houston [14th Dist.] 1982, no pet.). However, these opinions precede the Kelly v. State and Daubert analysis that provide expert testimony as interpreted strictly in accordance with Article 7...