Does severance need to be severance in the context of an antagonistic defense?
MultiRegion, United States of America
The following excerpt is from Myles v. Montgomery, No. 2:15-cv-00591 TLN GGH (E.D. Cal. 2019):
Zafiro v. United States, 506 U.S. 534, 538-539 (1993); see also Collins v. Runnels, 603 F.3d 1127, 1131 (9th Cir. 2010) (no clearly established federal law which requires severance in the presence of antagonistic defenses).
California law is even clearer that no severance would have been granted here. The court held in People v. Coffman & Morrow, 34 Cal. 4th 1, 41 (2004), that there was no absolute requirement of severance in the face of antagonistic defenses. Similarly,
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