U.S. v. Olinger, 50 M.J. 365

Core Criminal Law Subjects: Defenses: Duress

1. speculative comment that appellant felt his wife’s depression might kill her if he deployed was insufficient to raise inconsistent matter of defense of duress in guilty plea; there were no details indicating an immediate threat of death or serious bodily harm or that there was no alternative source of assistance other than unauthorized absence. See RCM 916(h)
2. where appellant’s guilty plea was otherwise provident, Court declined to determine whether the defense of duress could be established through a threat emanating from physical or natural sources other than a third person

Core Criminal Law Subjects: Defenses: Necessity

1. where appellant’s guilty plea was otherwise provident, Court declined to determine whether common-law defense of necessity should be applicable to courts-martial

Trial Stages: Merits: Guilty Pleas

1. appellant’s brief speculative comment that he felt his wife’s depression might kill her if he deployed did not show a substantial basis in law and fact for rejecting guilty plea on the basis of inconsistent matter of the defense of duress