This section contains the nature of the case and procedural background.

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.

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