United States v. Lewis

Judge STUCKY

delivered the opinion of the Court.

The Judge Advocate General of the Army certified this ease to this Court to determine whether the United States Army Court of Criminal Appeals incorrectly held that the military judge erred in refusing to give an instruction that a mutual combatant could regain the right to self-defense when the opposing party escalates the level of conflict, even when the combatant does not withdraw in good faith. We affirm the lower court and hold that Rule for Courts-Martial (R.C.M.) 916(e) is not inconsistent with prior precedent on the right to self-defense.

A…