In what circumstances will a joint trial on a murder charge be held before separate juries?

California, United States of America


The following excerpt is from People v. Cummings, 18 Cal.Rptr.2d 796, 4 Cal.4th 1233, 850 P.2d 1 (Cal. 1993):

[850 P.2d 36] That defendants have inconsistent defenses and may attempt to shift responsibility to each other does not compel severance of their trials (People v. Boyde (1988) 46 Cal.3d 212, 232-233, 250 Cal.Rptr. 83, 758 P.2d 25), let alone establish abuse of discretion in impaneling separate juries. Here, as in Boyde, the defense positions were antagonistic because the identity of the killer was disputed by defendants. That each was involved in the incident was undisputed, however, and the prosecution had offered evidence sufficient to support verdicts convicting both defendants. As the People observe, this was not a case in which only one defendant could be guilty. The prosecution did not charge both and leave it to the defendants to convince the jury that the other was that person. Here the prosecution theory was that both defendants participated in, and were guilty of, the murder. [4 Cal.4th 1288] Most of the additional evidence each defendant offered to support his attempt to shift blame to the other would have been admissible had the prosecution sought to offer it. In these circumstances there was no abuse of discretion in denying complete severance and no prejudice as a result of joint trial on the murder charge before separate juries.

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