Can a prosecutor refer to the guilty pleas of co-defendants as evidence of a defendant's guilt?

MultiRegion, United States of America

The following excerpt is from U.S. v. Garcia-Guizar, 160 F.3d 511 (9th Cir. 1998):

We held in United States v. Halbert that, although the references by the prosecutor during trial to the guilty pleas of co-defendants were not impermissible, the failure of the court to instruct the jury that the guilty pleas of co-defendants could not be considered as evidence of a defendant's guilt was reversible error. 640 F.2d 1000, 1006-07 (9th Cir.1981). However, in that case the evidence of the co-defendant's guilty pleas was offered over defense counsel's objections, and the curative instruction was necessary to dispel the danger of misuse by the jury. Id. at 1006.

Other Questions


What is the test for admissibility of evidence concerning a co-defendant's guilty plea? (MultiRegion, United States of America)
Does a prosecutor's mention of "uncontradicted or unrefuted" evidence constitute improper commentary by the prosecutor on defendant's failure to testify? (MultiRegion, United States of America)
Can a defendant's guilty plea be used as evidence at trial? (MultiRegion, United States of America)
Is a plea of guilty in a civil case against a defendant who is also a defendant in the same civil case? (MultiRegion, United States of America)
Is a defendant's withdrawn guilty plea admissible as evidence in a subsequent civil action? ("New York", United States of America)
Can a defendant who pleads guilty upon the advice of counsel challenge the voluntary and intelligent character of the guilty plea? (MultiRegion, United States of America)
Does a statement that defendants were guilty on all counts of sexual assault constitute an exhortation to find them guilty based on the evidence? (MultiRegion, United States of America)
Can a defendant withdraw from a plea agreement if the prosecutor refuses to approve it? (MultiRegion, United States of America)
What are the potential injuries to future defendants if a defendant waives his right to give inconsistent testimony at trial should the plea bargain fail? (MultiRegion, United States of America)
In what circumstances will a jury be instructed not to find a defendant guilty of a charge of assault but not guilty of assault? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.