Does a trial court abuse its power to preference for joint trials?

California, United States of America


The following excerpt is from Greenberger v. Superior Court, 219 Cal.App.3d 487, 267 Cal.Rptr. 849 (Cal. App. 1990):

A trial court abuses its discretion in permitting the preference for joint trials to prevail where "the insistence on joint trial was not in good faith, or that it was solely for the purpose of obtaining an otherwise illegal delay, to take unfair advantage of the defendants, or was not reasonably predicated upon the purpose and intent of the statute which grants the right to try the defendants jointly." (People v. Clark, supra, 62 Cal.2d at p. 883, 44 Cal.Rptr. 784, 402 P.2d 856.)

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