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Posted by: Tanja Trezise on Dec 5, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Dale Quillen, Nashville, Tennessee, for the appellant, Randall Wayne Cagle.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Kim R. Helper, District Attorney General; and Kate Yeager, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Defendant, Randall Wayne Cagle, appeals from the trial court’s judgment revoking his probation. Defendant pled guilty in the Hickman County Circuit Court to four counts of sexual exploitation of a minor. The judgments are not in the appellate record, but according to other documents and testimony at the probation violation hearing, the trial court imposed an effective sentence of eight years to be served entirely on supervised probation. Approximately five months later, a violation of probation warrant was filed and served on Defendant. Following a hearing, the trial court concluded that Defendant had violated probation. The trial court deemed its ruling as a “partial revocation” and ordered Defendant to serve sixty days in the Hickman County Jail and to thereafter be placed back on supervised probation. Defendant has appealed the trial court’s revocation order. The trial court erroneously allowed testimony of Defendant’s failure to pass a polygraph test. Therefore, we reverse the judgment of the trial court and remand this matter for a new probation violation hearing in which the results of any polygraph test, any evidence of Defendant’s refusal (or willingness) to submit to a polygraph examination, and any statements made by Defendant as to why he would not submit to a polygraph examination are not to be admitted into evidence or otherwise relied upon by the trial court.