Can a jury consider the guilty plea of a testifying coconspirator as evidence against other defendants?
California, United States of America
The following excerpt is from People v. Milton, A126868 (Cal. App. 2011):
9. In Baker v. United States (9th Cir. 1968) 393 F.2d 604, the court approved of an instruction that the jury could not consider the guilty plea of a testifying coconspirator " 'as evidence against any of the other defendants, ' " and observed that, "No case has been called to our attention where, in the face of such a cautionary instruction, reversible error has been declared." (Id. at p. 614.)
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