What are the grounds which may justify severance of a witness?

California, United States of America


The following excerpt is from People v. Boyde, 250 Cal.Rptr. 83, 46 Cal.3d 212, 758 P.2d 25 (Cal. 1988):

The grounds which may justify a severance were summarized in People v. Massie (1967) 66 Cal.2d 899, 59 Cal.Rptr. 733, 428 P.2d 869: (1) Where there is an extrajudicial statement made by one defendant which incriminates another defendant and which cannot adequately be edited to excise the portions incriminating the latter; (2) where there may be prejudicial association with codefendants; (3) where there may be likely confusion from evidence on multiple counts; (4) where there may be conflicting defenses; and (5) where there is a possibility that in a separate trial the codefendant may give exonerating testimony. (People v. Massie, supra, 66 Cal.2d at pp. 916-917, 59 Cal.Rptr. 733, 428 P.2d 869.)

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