United States v. Devitt

DECISION UPON FURTHER REVIEW

HODGSON, Chief Judge:

The appellate processing of these two trials has been protracted. Airman First Class Thomas A. and his wife, Airman First Class Renee A. Devitt were co-accused before a general court-martial on drug abuse allegations where they were represented by the same civilian and military defense counsel. Although jointly charged, the military judge granted a motion to sever the two cases.

In our initial review we concluded, citing United States v. Breese, 11 M.J. 17 (C.M.A. 1981), that, where the facts warrant, the trial judge must conduct an inquiry on…