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STATE v. JOHNSON

No. 94-2916-CR.

193 Wis.2d 382 (1995)

535 N.W.2d 441

STATE of Wisconsin, Plaintiff-Appellant, v. Cary JOHNSON, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 4, 1995.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Maureen McGlynn Flanagan, assistant attorney general.

On behalf of the defendant-respondent, the cause was submitted on the brief of Owen F. Monfils of Green Bay, and Mark P. Howe, assistant counsel, of Green Bay.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

The State appeals part of the trial court's order excluding from evidence in the State's case-in-chief statements Cary Johnson made after a polygraph examination. The State contends that Johnson's statements made after a polygraph examination are fully admissible because they were voluntary noncustodial statements separate from the actual polygraph. Because we conclude that the post-polygraph statements were distinct from the actual mechanical polygraph...

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