United States v. Rine

I dissent.

In the case at bar, the law officer initially announced that he would give an instruction on self-defense because he believed it was raised by the evidence. However, after overnight consideration, he reversed his decision, apparently in the belief that such a defense would be inconsistent with the accused’s claim that he was in a mentally incompetent state resulting from a severe blow on the head administered by the victim.1 Defense counsel believed that both instructions should be given in light of the evidence. His specific request for an instruction on self-defense was denied.

The…