United States v. Devitt

When these cases were here on a previous appeal, we held that the two accused— husband and wife — were not entitled to automatic reversal of their convictions because of dual representation by the same defense counsel. United States v. Devitt, 20 M.J. 240 (C.M.A. 1985). We also concluded that, instead, the Government deserved an opportunity to demonstrate that no actual conflict of interest existed or else that the coaccused had waived their right to separate legal representation. The Court of Military Review then ordered a DuBay * hearing before a military judge. After receiving testimony…