In what circumstances will the trial court order a separate trial in a case involving multiple defendants?

California, United States of America


The following excerpt is from People v. Johnson, C/w G047907, C/w G048760, C/w G048909, G047335 (Cal. App. 2016):

In cases involving multiple defendants, joint trials are generally preferred. (People v. Lewis (2008) 43 Cal.4th 415, 452.) However, the trial court may "order separate trials if, among other reasons, there is an incriminating confession by one defendant that implicates a codefendant, or if the defendants will present conflicting defenses. [Citations.] Additionally, severance may be called for when 'there is a serious risk that a joint trial would compromise a specific trial right of one of the defendants, or prevent the jury from making a reliable judgment about guilt or innocence.' [Citations.]" (Ibid.)

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