ACCA affirmed the findings and sentence of Second Lieutenant Robert J. Sharp (Appellant). Appellant was convicted contrary to his plea, of one specification of sexual assault, in violation of Article 120 UCMJ, 10 U.S.C. § 920. Appellant was sentenced to fourteen months confinement, forfeiture of all pay and allowances and a dismissal.
Sharp opinion here.
On appeal Appellant argued pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1983), that he was prejudiced by the erroneous admission of the polygraph evidence and that his defense counsel was ineffective for allowing such evidence to be introduced.
ACCA after reviewing the record, held that Appellant’s assignments of error merited no relief. ACCA noted that Appellant affirmatively waived any objections to the admission of the polygraph evidence by making no objections to the proffered evidence. Additionally, the Court found that defense counsel’s failure to object was contemplative and not an accident. Even though ACCA found that Appellant waived this error, they still assumed arguendo that the objection was forfeited and not waived. Even assuming that the objection was forfeited, ACCA did not find that the proffered evidence was prejudicial to Appellant. In reaching this conclusion, ACCA noted the overwhelming evidence of Appellant’s guilt, namely his own confession. Regardless of if Appellant’s objection was waived or forfeited, ACCA found that he merited no relief.
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