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STATE v. A.O.

A-107 September Term 2007.

965 A.2d 152 (2009)

198 N.J. 69

STATE of New Jersey, Plaintiff-Appellant, v. A.O., Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 4, 2009.

Attorney(s) appearing for the Case

Sara B. Liebman, Assistant Prosecutor, argued the cause for appellant (Theodore J. Romankow, Union County Prosecutor, attorney).

Michael J. Confusione, Designated Counsel, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Carol M. Henderson, Assistant Attorney General, argued cause for amicus curiae Attorney General of New Jersey (Anne Milgram, Attorney General, attorney; Maura K. Tully, Deputy Attorney General, on the brief).

Chief Justice RABNER delivered the opinion of the Court.

Four hours after learning that police suspected him of raping his girlfriend's ten-year-old daughter, defendant sought to clear his name by agreeing to take a lie-detector test. Though polygraph evidence is generally inadmissible, defendant, without counsel, signed a stipulation before submitting to the exam in which he not only agreed to take the test but also (1) agreed that the polygraph examiner was an expert...

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