Alaska v. SharpeAnnotate this Case
In three criminal cases consolidated for appeal, each defendant sought to introduce expert testimony by a polygraph examiner that the defendant was truthful when he made exculpatory statements relating to the charges against him during a polygraph examination conducted using the “comparison question technique” (CQT). In two of the cases, the superior courts found that testimony based on a CQT polygraph examination satisfied the requirements for scientific evidence under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Alaska v. Coon, 974 P.2d 386 (Alaska 1999). In the third case, the superior court reached the opposite conclusion and found the evidence inadmissible. The issue these cases presented for the Alaska Supreme Court's review centered on the appellate standard of review for rulings on the admissibility of scientific evidence and to determine the admissibility of CQT polygraph evidence. The Court concluded that appellate review of Daubert/Coon determinations should be conducted under a hybrid standard: the superior court’s preliminary factual determinations should be reviewed for clear error; based on those findings and the evidence available, whether a particular scientific theory or technique has been shown to be “scientifically valid” under Daubert and Coon is a question of law to which the Court applies its independent judgment; and where proposed scientific evidence passes muster under that standard, the superior court’s case-specific determinations and further evidentiary rulings are reviewed for abuse of discretion. Applying this standard here, the Supreme Court concluded that CQT polygraph evidence had not been shown to be sufficiently reliable to satisfy the Daubert/Coon standard.