In this January post, I discussed the Government’s petition for reconsideration of the Air Force case of United States v. Knapp, No. 13-5012/AF, 73 M.J. 33 (link to slip op.) (CAAFlog case page). CAAF unanimously agreed with the Air Force CCA that the admission of improper “human lie detector” evidence against Appellant was obvious error, but CAAF split 3-2 to find that the error was prejudicial to Appellant, reverse the decision of the Air Force CCA on this point, and set aside aside the findings of guilty while authorizing a rehearing.
Last week, CAAF denied the Government petition for reconsideration.