What is the test for a motion for a mistrial based on the results of a polygraph examination?
California, United States of America
The following excerpt is from People v. Boji, E071285 (Cal. App. 2020):
Relying on Evidence Code section 351.1, which prohibits the admission into evidence the results of a polygraph examination, and the holding of United States v. Scheffer (1998) 523 U.S. 303, 313-314 [118 S.Ct. 1261, 140 L.Ed.2d 413], defendant argues that his mistrial motion was improperly denied. We disagree. While it is true that the opinion of a polygraph examiner, or any reference to an offer to take, failure to take,
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