In what circumstances will a defendant be named with a codefendant in a murder and attempted murder case?

California, United States of America


The following excerpt is from People v. Jordan, B268998 (Cal. App. 2018):

Cash also cites Calderon v. Superior Court (2001) 87 Cal.App.4th 933, but it is distinguishable. In that case, the defendant was named with a codefendant in two counts of attempted murder arising out of one shooting, and was not named in other counts for murder and attempted murder against the codefendant and a third person arising out of a separate shooting two weeks earlier. (Id. at p. 935.) The court found joinder inappropriate because nothing from the earlier incident would have been admissible against the defendant except potentially in relation to a gang allegation (id. at pp. 939-940); the earlier shooting was gratuitous and execution-style in contrast to the later shooting (id. at pp. 941); and the evidence against defendant for the later shooting was weak (ibid.).

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