United States v. Price

Opinion of the Court

COX, Chief Judge:

Appellant was convicted, in absentia, of conspiracy to commit robbery, robbery, and aggravated assault.1 We granted his petition to determine whether he was unlawfully tried in absentia and whether the Court of Criminal Appeals erred in holding that he waived his right to arraignment by voluntarily absenting himself prior to arraignment. 46 MJ 423-24. We agree with appellant that he was unlawfully tried in absentia, and finding no waiver, we reverse.

The record shows that pretrial Article 39(a)2 sessions in this case were held on August 10 and 23, 1994, and…