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Juvenile – Polygraph Evidence

By: S.C. Lawyers Weekly staff//May 22, 2000

Juvenile – Polygraph Evidence

By: S.C. Lawyers Weekly staff//May 22, 2000

Where a juvenile, who has been found delinquent on two counts of first-degree criminal sexual conduct with a minor, alleges that the Family Court abused its discretion in refusing to admit evidence that he passed a polygraph test concerning the allegations against him, we hold that, before the Family Court ruled on the admissibility of the polygraph evidence, it should have held a hearing pursuant to principles enunciated in State v. Council, 335 S.C. 1 (1999).

Having said this, we order a remand for such a hearing. If the Family Court, in its discretion, decides the evidence is admissible under the standard explained in Council, it should order a new trial.

As to other issues raised here, we decide: that the juvenile served his notice of appeal in timely fashion; and that the state proved beyond a reasonable doubt that the alleged offenses occurred between August 1996 and September 1997, as alleged in the juvenile petition.

In the Interest of: Robert R. (Lawyers Weekly No. 011-072-00) (6 pages) (Morehead, A.J.) (SCCOA) Appealed from a decision issued by Turbeville, J., in the Sumter County Family Court. J. Edward Bell III for the juvenile; Charles M. Condon, John W. McIntosh, Harold M. Coombs Jr. and Cecil Kelly Jackson for the state (No. 3165) (May 22, 2000).

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