United States v. Ellerbee

DECISION

KASTL, Senior Judge:

On our own motion, we specified the following issue to appellate counsel:

DID THE MILITARY JUDGE ERR IN ACCEPTING THE APPELLANT’S PLEAS OF GUILTY IN LIGHT OF HIS UNSWORN TESTIMONY RAISING THE POSSIBILITY OF A DEFENSE OF DURESS?

After having considered briefs from both sides, we are convinced that the appellant reasonably raised a question of a defense grounded on duress. Accordingly, his pleas of guilty cannot stand.

On 15 September 1989, the appellant was restricted to the confines of Hickam Air Force Base, Hawaii, by his commander pursuant to nonjudicial punishment.…