The Coast Guard Court of Criminal Appeals does not often find in favor of the Coasties who appear before it. At least, that’s my anecdotal take based solely scrolling few a bit of what the Court publishes on the web. But, this week they set aside a finding of guilty of involuntary manslaughter in the case United States v. Julian R. Yanger.
As most readers of AN UNOFFICIAL COAST GUARD BLOG know well, IANAL; having made that caveat, it appears that the appeals court didn’t take too kindly to actions by the presiding judge. The defendant pled guilty to manslaughter, but when questioned by the judge, raised certain issues which the Court of Criminal Appeals believed raised a defense of self defense for the defendant. And then “the military judge failed to define the defense of self-defense and failed to explain the concepts of proximate cause and contributory negligence.” The young man “did not fully understand the legal subtleties of the possible defense of self-defense” notes a judge who dissented in part from the majority decision.
Some people might suggest some sort of conspiracy theory here, that the military judge who first heard this case was looking for a conviction and not the truth. Others might suggest this was merely an oversight on the part of the military judge.
My understanding is that this young man was in the brig in South Carolina for some two years, and that he was released late this week.
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