Carmona v. State

In Carmona v. State, 947 S.W.2d 661, 664 (Tex. App.--Austin 1997, no pet.) the defense hired a polygraph examiner, who conducted both a pretest interview and a polygraph test on the defendant. Id. at 662-63. Defense counsel disclosed the results of the polygraph to a prosecutor in an attempt to get the charges dismissed, but objected at trial when the State attempted to introduce portions of the pretest interview. Id. After finding that the defendant consented to the disclosure of the results to the prosecutor, the court held that "the pretest interview and the test were essentially one communication," and that the defendant could "not waive the privilege as to only the favorable parts." Id. at 664.