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Thursday, November 13, 2008
CAAF reverses the Coast Guard Court
CAAF on Wednesday issued a brief per curiam opinion reversing the Coast Guard Court's divided published opinion in United States v. Yanger, 66 M.J. 534 (C.G. Ct. Crim. App. 2008). United States v. Yanger, __ M.J. ___, No. 08-5006/CG (C.A.A.F. Nov. 12, 2008) (per curiam). On certification by the Judge Advocate General of the Coast Guard, CAAF held that the military judge's providence inquiry adequately addressed and negated a potential self-defense defense. CAAF reversed CGCCA's ruling, which had set aside the guilty plea to involuntary manslaughter.
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Believe the impact of this reversal would have been greater in the form of a summary order rather than an opinion. Talk about a CCA being dead wrong.
And this opinion is confusing. At one point, Caaf says the standard of review for rejecting guilty pleas is a showing that there is a substantial basis in law AND fact for questioning the plea. Then two sentences later it says the standard is a substantial basis in law OR fact for questioning the plea. Come on, Caaf - let's be more precise in the language that you choose. Last term, in US v. Inabinette, you said the test was better considered in the disjunctive. Let's stick with the latter test.
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