Seldomridge

People v. Seldomridge

Good Law
154 Cal. App. 3d 362·1984 Cal. App. LEXIS 1892·201 Cal. Rptr. 377
Court of Appeal of CaliforniaMarch 26, 1984Crim. 6631California598 words

Opinion

Opinion

Brown, J.

Appellant, Michael Hans Seldomridge, appeals from a judgment entered on a jury verdict finding him guilty of simple kidnaping (Pen. Code, § 207) and forcible oral copulation with a minor (Pen. Code, § 288a, subd. (c)). He raises two points: (1) the distance the minor was moved was insufficient to constitute kidnaping, and (2) the trial court erred in not permitting him to lay an evidentiary foundation for the admission of a polygraph test.

Parts I-II

Part III

The trial court expressly denied appellant the opportunity to present an evidentiary foundation regarding the admissibility and scientific reliability of polygraph testing in preparation for presenting the results of appellant’s polygraph test. He argues the ruling was prejudicial error. (See Witherspoon v. Superior Court (1982) 133 Cal.App.3d 24 [ 183 Cal.Rptr. 615 ]; People v. Adams (1975) 53 Cal.App.3d 109 [ 125 Cal.Rptr. 518 ].)

Since the trial of this cause (May 4-5, 1982), the Legislature enacted Evidence Code section 351.1 (Stats. 1983, ch. 202, § 1, p. —). This section expressly prohibits the admission of any evidence regarding polygraph tests absent a stipulation of all parties.

Changes in rules of…

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