Refusal of Military Judge to Accept Pleas
For a plea to be inconsistent with factual and legal guilt, there must be more than the possibility of a defense; however, if the accused raises an inconsistency the MJ must resolve it.
United States v. Johnson
, 25 M.J. 553 (C.M.A. 1987). If accused’s comments or any other evidence reasonably raises a defense, military judge must explain elements of defense to accused. It is not relevant that comments are not credible; the sole question is whether accused made a statement during the trial that was in conflict with his plea. (1)