UNITED STATES V. SCHEFFER
523 U.S. 303 (1998)
NATURE OF THE CASE: This was a general court martial involving use of drugs and being
AWOL.
FACTS: Scheffer (D) was an airman who volunteered to work as an informant for the Air
Force Office of Special Investigations (OSI). As part of this work D was to undergo
polygraph and urine testing. In April 1992, D was asked to take a urine test and to submit
to polygraph examination. No deception was indicated by the polygraph test but before the
urine test results were obtained, D went AWOL. D presented a defense that he innocently
ingested the drug and denied that he knowingly used drugs while working for OSI. D wanted to
introduce the polygraph test to support his defense. That motion was denied under Military
Rule of Evidence 707 that prohibited introduction of any polygraph tests results of refusal
to take such tests. D was convicted and appealed. The United States Court of Appeals
reversed holding that the per se exclusion of polygraph evidence violates an accused's
rights to present a defense under the Sixth Amendment. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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