Legal Opinion
United States v. Devitt
U S Air Force Court of Military Review
Decided January 5, 1984No. ACM 23875PublishedCited by 2 opinions
1Opinion of the Court
DECISION
KASTL, Senior Judge:
In United States v. Breese, 11 M.J. 17, 23 (C.M.A.1981), the Court of Military Appeals declared that it would henceforth presume — subject to rebuttal — that “the activity of defense counsel exhibits a conflict of interest in any case of multiple representation wherein the military judge has not conducted a suitable inquiry into a possible conflict.”
Applying the Breese rule to the case before us, we reverse.
*906 Facts
Airman First Class Thomas Devitt and his wife, Airman First Class Renee Devitt, were co-accused before a general court-martial. They were charged with…
2Cases cited8 opinions
- Cuyler v. SullivanSupreme Court of the United States · 1980
- United States v. Ronald Deberry and Julius EdwardsCourt of Appeals for the Second Circuit · 1973
- United States v. Richard Patrick Carrigan and Robert Edward WhiteCourt of Appeals for the Second Circuit · 1976
- United States v. BreeseUnited States Court of Military Appeals · 1981
- United States v. Richard MariCourt of Appeals for the Second Circuit · 1975
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3Cited by2 opinions
- United States v. DevittUnited States Court of Military Appeals · 1985
- United States v. DevittU S Air Force Court of Military Review · 1986