U.S. v. Yanger, 67 M.J. 56

Military Justice Personnel: Military Judge: Duties and Responsibilities

1. where the possibility of a defense exists during a guilty plea inquiry, a military judge should secure satisfactory disclaimers by the accused of his defense

Core Criminal Law Subjects: Defenses: Self-Defense

1. the elements of self-defense in a situation of non-aggravated assault require that the accused apprehended, upon reasonable grounds, that bodily harm was about to be inflicted wrongfully on him, and believed that the force that he used was necessary for protection against bodily harm, provided that the force used by him was less than force reasonably likely to produce death or grievous bodily harm

Trial Stages: Merits: Guilty Pleas

1. where the possibility of a defense exists during a guilty plea inquiry, a military judge should secure satisfactory disclaimers by the accused of his defense
2. rejection of a guilty plea requires that the record of trial show a substantial basis in law or fact for questioning the plea
3. (in this case, the accused’s statement during the plea inquiry that he shoved his wife, who was holding a broken stem from a stemware glass, because he wanted her out of his face with the glass did not provide a substantial basis in law and fact for rejecting the accused’s guilty plea to involuntary manslaughter of his wife; after reviewing the elements of the offenses with the accused, the military judge recognized the “possibility” of the defense of self-defense resulting from the argument between the accused and his wife and properly asked a number of questions to determine whether the defense was raised; in the end, there was no substantial conflict with the plea and there were no unresolved questions that would require the military judge to explain the elements of the defense to the accused; the accused’s responses to the military judge were unambiguous -- he did not feel threatened by his wife; he did not apprehend, reasonably or otherwise, imminent bodily harm; and he harbored no belief that shoving his wife was necessary for his own protection; the record reflects that the possibility of self-defense was resolved by this inquiry, and there was no substantial basis in law or fact for rejecting the plea). 2008 (Transition)

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. rejection of a guilty plea requires that the record of trial show a substantial basis in law or fact for questioning the plea