U.S. v. Whitney, 55 M.J. 413

Core Criminal Law Subjects: Evidence: Confessions and Admissions › Generally

1. polygrapher’s testimony that appellant did not respond to a post-polygraph challenge to his truthfulness was admitted in violation of Mil.R.Evid. 301(f)(3) and was error of constitutional proportion
2. improper comment about appellant’s post-polygraph silence in the face of a challenge to his truthfulness was harmless beyond a reasonable doubt because, inter alia: (1) the military judge admonished the members to disregard this testimony; (2) the president of the court acknowledged that he understood instruction to disregard testimony about appellant’s silence; (3) in the absence of evidence to the contrary, court members are presumed to understand and follow the military judge’s instructions; and (4) the victim provided credible, persuasive testimony

Core Criminal Law Subjects: Evidence: Credibility

1. human lie detector testimony is inadmissible

Core Criminal Law Subjects: Evidence: Polygraph

1. the opinion of a polygrapher as to the truthfulness of an appellant is inadmissible evidence pursuant to Mil.R.Evid. 707(a)

Trial Stages: Appeals: Harmless / Prejudicial Error

1. improper comment about appellant’s post-polygraph silence in the face of a challenge to his truthfulness was harmless beyond a reasonable doubt because, inter alia: (1) the military judge admonished the members to disregard this testimony; (2) the president of the court acknowledged that he understood instruction to disregard testimony about appellant’s silence; (3) in the absence of evidence to the contrary, court members are presumed to understand and follow the military judge’s instructions; and (4) the victim provided credible, persuasive testimony