United States v. Davis

Judge OHLSON

delivered the opinion of the Court.

We granted review in this ease to determine whether the United States Army Court of Criminal Appeals (CCA) erred in finding that the military judge’s failure to instruct on the special defense of defense of property was harmless beyond a reasonable doubt. We hold that the military judge’s error was harmless beyond a reasonable doubt, and thus affirm the CCA.

FACTS

In February 2010, Specialist (SPC) S.S., his girlfriend (A.R.), Appellant, and Appellant’s wife (Mrs. Davis) went to a sports bar together. SPC S.S. and A.R. had arranged with Mrs. Davis…