United States v. Hollis Clark

U.S. Court of Appeals for the Fifth Circuit
United States v. Hollis Clark, 598 F.2d 994 (5th Cir. 1979)
1979 U.S. App. LEXIS 13199
Goldberg, Per Curiam, Roney, Tjo-Flat

United States v. Hollis Clark

Opinion

PER CURIAM:

In this mail conspiracy conviction, 18 U.S. C.A. §§ 1708, 371, the defendant’s knowledge and intent were critical. The sole contention on this appeal is that the trial court should have admitted the results of a polygraph examination of defendant relating to his specific intent regarding his involvement in the mail theft conspiracy. He argues that the evidentiary exclusion violated his constitutional right of due process under the Fifth and Fourteenth Amendments to the United States Constitution.

Although other circuits have granted some discretion in admitting polygraph evidence, United States v. Mayes, 512 F.2d 637, 648 n.6 (6th Cir.), cert. denied, 422 U.S. 1008, 95 S.Ct. 2629, 45 L.Ed.2d 670 (1975); United States v. Flores, 540 F.2d 432, 436-437 (9th Cir. 1976); United States v. Ridling, 350 F.Supp. 90 (E.D.Mich. 1972), the Fifth Circuit precedents unequivocally hold that such evidence is inadmissible. United States v. Masri, 547 F.2d 932, 936 (5th Cir.), cert. denied, 431 U.S. 932, 97 S.Ct. 2640, 53 L.Ed.2d 249 (1977); United States v. Cochran, 499 F.2d 380, 393 (5th Cir. 1974), cert. denied, 419 U.S. 1124, 95 S.Ct. 810, 42 L.Ed.2d 825 (1975); United States v. Gloria, 494 F.2d 477, 483 (5th Cir. 1974); United States v. Frogge, 476 F.2d 969, 970 (5th Cir. 1973).

Any suggested deviation from the clear law of this Circuit would have to be addressed to the en banc court. United States v. Hernandez, 580 F.2d 188, 191 (5th Cir. 1978), aff'd and remanded, 591 F.2d 1019 (en banc) (1979).

AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Hollis CLARK, Defendant-Appellant
Cited By
26 cases
Status
Published