Can a state waive the defense of procedural default regarding the admission of polygraph evidence?
MultiRegion, United States of America
The following excerpt is from Turner v. Maass, 980 F.2d 738 (9th Cir. 1992):
However, a state waives the defense of procedural default unless it raises the issue in district court. Grooms v. Keeney, 826 F.2d 883, 885 (9th Cir.1987). In this case, the state failed to raise the issue of procedural default regarding the admission of the polygraph evidence in district court, and, therefore, has waived the issue. We will consider the polygraph issue on the merits.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the federal rule of evidence govern privilege regarding privilege regarding a claim or defense for which state law governs? (MultiRegion, United States of America)
What is the evidence supporting the defense theories regarding the gun and regarding the mental state of petitioner? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
When two state procedural bars are invoked in a single order disposing of multiple claims in a personal injury case, can the state be deemed to be inconsistent with the other state? (MultiRegion, United States of America)
Is there any case law where a state court admitted evidence in violation of state rules of evidence? (MultiRegion, United States of America)
Does Atwood have to overcome procedural default and procedural failure to raise this claim to the state court? (MultiRegion, United States of America)
Is a state prisoner's procedural default in the state courts barred from federal review? (MultiRegion, United States of America)
What is the test for admissibility of evidence in the context of evidence that is not logically tending to prove a point? (Canada (Federal), Canada)
What are the implications of a state's decision to preclude the defense of the insanity defense? (MultiRegion, United States of America)
