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United States v. Clark

United States Court of Appeals, Fifth Circuit
Jul 31, 1980
622 F.2d 917 (5th Cir. 1980)

Summary

vacating order granting rehearing en banc on polygraph testimony case

Summary of this case from Christophersen v. Allied-Signal Corp.

Opinion

No. 79-5102.

July 31, 1980.

Thomas C. Bianco, Atlanta, Ga., for defendant-appellant.

Craig A. Gillen, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Appeal from the United States District Court, Northern District of Georgia; Newell Edenfield, District Judge.

Before COLEMAN, Chief Judge, and BROWN, AINSWORTH, GODBOLD, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON and THOMAS A. CLARK, Circuit Judges.

Judge Jerre S. Williams did not participate in this decision.


The order granting a rehearing en banc, 608 F.2d 238, is vacated as having been improvidently granted on the record before us, and the panel opinion, 598 F.2d 994, is reinstated.


I concur in the court's order because no proffer was made of evidence tending to show advances in the state of polygraph art since the seminal opinion in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), upon which our authorities are based, or the competence of polygraphic operators. Had one been made, in my view these authorities would properly be subject to reconsideration.


Summaries of

United States v. Clark

United States Court of Appeals, Fifth Circuit
Jul 31, 1980
622 F.2d 917 (5th Cir. 1980)

vacating order granting rehearing en banc on polygraph testimony case

Summary of this case from Christophersen v. Allied-Signal Corp.
Case details for

United States v. Clark

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. HOLLIS CLARK…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jul 31, 1980

Citations

622 F.2d 917 (5th Cir. 1980)

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