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LEE v. MARTINEZ

No. 27,915.

96 P.3d 291 (2004)

136 N.M. 166

2004-NMSC-027

Kevin LEE, William Vance Langley, Teri Bogey, Teodoro Jose Gallegos, and Erlinda Saiz, Petitioners, v. Hon. Lourdes MARTINEZ, Third Judicial District Court, Hon. Jay Forbes, Fifth Judicial District Court, Hon. Charles Currier, Fifth Judicial District Court, Hon. Timothy L. Garcia, First Judicial District Court, and Hon. W. John Brennan, Second Judicial District Court, Respondents.

Supreme Court of New Mexico.

July 14, 2004.

Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, Jeff Rein, Freedman, Boyd, Daniels, Hollander, Goldberg & Cline, P.A., Charles W. Daniels, Albuquerque, for Petitioners.

Patricia A. Madrid, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, for Respondents.

University of New Mexico School of Law, Michael B. Browde, Albuquerque, for Amicus Curiae New Mexico Trial Lawyers Association.

Vaughan & DeMuro, Gordon L. Vaughan, Colorado Springs, CO, William E. Parnall, Albuquerque, for Amicus Curiae American Polygraph Association and American Association of Police Polygraphists.

OPINION

MINZNER, Justice.

{1} Petitioners are defendants in several pending criminal cases who are seeking to have their polygraph examination results admitted into evidence under Rule 11-707(C) NMRA 2004, which states that "the opinion of a polygraph examiner may in the discretion of the trial judge be admitted as evidence as to the truthfulness of any person called as a witness," provided certain conditions are met. In each case the State has opposed the...

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