In United States v. Yanger, 67 M.J. 56 (C.A.A.F. 2008), the CAAF details the elements of self defense. The accused was a Coast Guard enlisted member. One day while returning from a drug purchase, he was confronted by his wife who was holding the stem of a broken wine glass. The two struggled and the accused pushed his wife away. She stumbled, fell, and injured herself in the neck with the wineglass. She ultimately died and the accused pled guilty to involuntary manslaughter. The CGCCA set aside the guilty plea as improvident, finding that the military judge erred by failing to explain the elements of self-defense at the providence inquiry. CGCCA’s ruling was reversed by the CAAF. The CAAF concluded that there was no significant basis in law or fact for rejecting the plea. The elements of self-defense require that the accused: (1) apprehend, upon reasonable grounds, that bodily harm was about to be caused wrongfully on the accused; and (2) believe that the force the accused used was needed for protection against bodily harm, provided that the force used by the accused was less than force reasonable likely to inflict death or grievous bodily harm. At the providence inquiry, the accused’s responses were “unambiguous.” He did not feel threatened by his wife, he did not apprehend bodily harm, and he did not believe that shoving his wife was necessary for his own protection. Therefore, “the possibility of self-defense was resolved by this inquiry.”
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