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516 So. 2d 953

516 So.2d 953

11 Fla.L.Weekly 2238

Davis v. State

District Court of Appeal of Florida

Decided October 22, 1986

District Court of Appeal of Florida · decided 1986-10-22

Cited by 1 later decisions — most recently February 1988

1 state decisions

Relies on 460 So. 2d 489 - Millett v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-10-22

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STONE, Judge,

¶1concurring specially.

¶2I concur in the majority opinion, but am concerned that the trial judge in fashioning a jury instruction on this subject should avoid unnecessary comments on the evidence. Millett v. State, 460 So.2d 489 (Fla. 1st DCA 1984); § 90.106, Fla.Stat. (1985).

¶3For the court to apprise the jury of the subjective “strengths and weaknesses” of polygraph evidence and “what the results are calculated to determine,” as suggested, may constitute such a comment.

¶4*957Considering that evidence of this nature will only be admitted by stipulation, the charge to the jury should be limited, in the absence of agreement, to a general statement that it is for the jury to determine its weight and effect.

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