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PEOPLE v. BARBARA

Docket No. 54774, (Calendar No. 15).

400 Mich. 352 (1977)

255 N.W.2d 171

PEOPLE v. BARBARA

Supreme Court of Michigan.

Decided June 13, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, and T.S. Givens, Deputy Appellate Counsel, for the people.

Norman L. Zemke for defendant.

Amici Curiae:

American Civil Liberties Union of Michigan, by Edward M. Wise.

American Polygraph Association, by Harrison, Friedman & Roberson, P.C.

Prosecuting Attorneys Appellate Service, by Edward R. Wilson, Director (by Howard C. Marderosian, Special Assistant Attorney General); and Prosecuting Attorneys Association, by Bruce A. Barton, President, and Edward Durance, L. Brooks Patterson, and Roger Bauer, Amicus Committee.

State Appellate Defender Office, by Kathleen Cummins, Chief Writer & Researcher, James R. Newhard, Dennis H. Benson, and John B. Phelps; and Michigan Association of Criminal Defense Lawyers, by Myzell Sowell, President.

WILLIAMS, J.

"What is truth?" asked Pilate in the trial of Jesus. John 18:38. Today the polygraph really poses the same question. In the intervening nineteen hundred years, everything from trial by ordeal to jury trial has been used to try to establish truth.

This case requires us to determine whether polygraph evidence which heretofore has not been admissible at trial may be used to assist a judge in determining whether to grant a motion for a new...

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