The Statev.Calvin Hill
The State appealed an order excluding two law-enforcement interviews of Calvin Hill, who was charged with offenses involving a child. The Court of Appeals of Georgia reversed. It held that the trial court correctly excluded evidence that Hill agreed to and later refused a polygraph examination, but erred by excluding the interviews in their entirety. Comments made by officers during questioning were not sworn witness testimony or opinion testimony when designed to elicit a response from the suspect. The appellate court also disapproved an earlier decision to the extent it conflicted with that rule. It declined to consider an unpreserved Rule 403 argument and expressed no opinion on the voluntariness of Hill’s statements because that issue had not been raised below.
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