United States v. Oliver

Opinion of the Court

Quinn, Chief Judge:

Appellant contends he was deprived of a fair trial because he was tried jointly with a co-accused who entered a plea of guilty in open court. The Government maintains that since the accused failed to move at trial for a severance he waived any error that might be present. See United States v Baca, 14 USCMA 76, 33 CMR 288.

In the Baca case, we noted the general rule that failure to move for a severance “at an appropriate time constitute a waiver.” Id. at page 78. Here, the accused moved for a severance before the convening authority before the charges were…