455 U.S. 967 (1982)

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U.S. Supreme Court

ISRAEL v. MCMORRIS , 455 U.S. 967 (1982)

455 U.S. 967

Thomas R. ISRAEL and Bronson C. LaFollette, petitioners,
No. 81-189

Supreme Court of the United States

February 22, 1982

On petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit.

The motion of respondent for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is denied.

Justice REHNQUIST, with whom Justice O'CONNOR joins, dissenting from the denial of certiorari.

Before Notwithstanding the stipulation, the trial court, in its discretion, could refuse to admit the test results into evidence if it determined that the examiner was not qualified or if the test was not conducted under proper conditions. The opposing party was provided with the opportunity to cross-examine the examiner. Finally, the trial judge was required to instruct the jury that the test

Page 455 U.S. 967 , 968

tends only to indicate whether at the time of the test the defendant was telling the truth and that the test results may not be used to prove or disprove any element of the crime. See State v. Stanislawski, 62 Wis.2d 730, 742-743, 216 N.W.2d 8, 14 (1976).1

Because the Wisconsin procedure permitted the prosecutor to refuse, " without articulating his reasons," a defendant's offer to stipulate to the admission of polygraph evidence, the Court of Appeals for the Seventh Circuit, 643 F.2d 458 held that respondent's due process rights may have been violated. It directed that a writ of habeas corpus issue unless the " prosecutor had valid reasons for refusing to enter into the stipulation offered by the defendant." 643 F.2d 458, 466 (1981). According to the Court of Appeals, "the prosecutor's refusal to enter into a stipulation must be for justifiable reasons. Justifiable reasons in this context are reasons which go to the reliability of the test or to the integrity of the trial process, not reasons which consider merely the relative tactical advantages from the use of the evidence to the prosecution and the defense ." Id., at 464. In order for a court to review the prosecutor's refusal to stipulate to the admission of otherwise inadmissible evidence, the Court of Appeals reasoned that the prosecutor must articulate his reasons. 2 [455 U.S. 967 , 969]

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