Wilkinson

Defendant Jaleh Wilkinson was convicted at trial of the offenses of battery on a custodial officer, driving a vehicle under the influence of alcohol, and failing to stop at the scene of an accident. The Court of Appeal reversed defendant’s convictions on two unrelated grounds, concluding that (1) the statutory scheme pertaining to battery on a custodial officer violates equal protection principles because the statutes allow battery on a custodial officer without injury to be punished more severely than battery on a custodial officer with injury, and (2) the trial court erred in denying defendant a hearing, pursuant to the Kelly/Frye doctrine (People v. Kelly (1976) 17 Cal.3d 24 [ 130 Cal.Rptr. 144 , 549 P.2d 1240 ]; Frye v. United States (D.C. Cir. 1923) 54 App. D.C. 46 [ 293 F. 1013 ]), regarding the admissibility of polygraph evidence to support defendant’s claim that her commission of the charged offenses resulted from her unknowing and involuntary ingestion of drugs. We granted review to consider the Court of Appeal’s resolution of both issues.

For the reasons discussed below, we conclude that (1) the statutory provisions pertaining to battery on a custodial officer…

I join the majority in holding polygraph evidence inadmissible. I disagree, however, with its conclusion upholding the constitutionality of the statutory provisions concerning battery on a custodial officer.

Two statutory provisions concerning battery on a custodial officer are at issue here: Penal Code section 243.1 makes battery on a custodial officer a felony, whether or not the battery caused injury to the custodial officer. 1 (For convenience, I sometimes refer to the offense defined by section 243.1 as battery on a custodial officer without injury, because injury is not an element of the offense.) Subdivision (c) of section 243 (hereafter section 243(c)), by comparison, makes a battery on a custodial officer that results in injury to the custodial officer an offense punishable either as a felony or as a misdemeanor. (For convenience, I sometimes refer to this offense as battery on a custodial officer with injury.) Although battery on a custodial officer with injury is on its face more egregious than battery on a custodial officer without injury, it carries a lesser minimum penalty (it may be punished as a misdemeanor) and the same maximum penalty. In this respect, the…

Certiorari Denied January 10, 2005. See 125 S.Ct. 892 .

Defendant Jaleh Wilkinson was convicted at trial of the offenses of battery on a custodial officer, driving a vehicle under the influence of alcohol, and failing to stop at the scene of an accident. The Court of Appeal reversed defendant's convictions on two unrelated grounds, concluding that (1) the statutory scheme pertaining to battery on a custodial officer violates equal protection principles because the statutes allow battery on a custodial officer without injury to be punished more severely than battery on a custodial officer with injury, and (2) the trial court erred in denying defendant a hearing, pursuant to the Kelly/Frye doctrine ( People v. Kelly (1976) 17 Cal.3d 24 , 130 Cal.Rptr. 144 , 549 P.2d 1240 ; Frye v. United States (D.C.Cir.1923) 293 F. 1013 ), regarding the admissibility of polygraph evidence to support defendant's claim that her commission of the charged offenses resulted from her unknowing and involuntary ingestion of drugs. We granted review to consider the Court of Appeal's resolution of both issues.

For the reasons discussed below, we conclude that (1) the statutory provisions…