What is the test for a motion for a separate trial in a sexual assault case?

California, United States of America


The following excerpt is from People v. Partida, B217493 (Cal. App. 2011):

"'There is a statutory preference for joint trial of jointly charged defendants. ( 1098.) "A 'classic' case for joint trial is presented when defendants are charged with common crimes involving common events and victims."' [Citation.]" (People v. Cleveland (2004) 32 Cal.4th 704, 725-726.) We review a ruling on a motion for separate trials for abuse of discretion (id. at p. 726), confining our review to facts presented to the trial court in connection with the motion. (People v. Price (1991) 1 Cal.4th 324, 388.) "'Under Penal Code section 1098, a trial court must order a joint trial as the "rule" and may order separate trials only as an "exception."' [Citation.]" (Cleveland, at p. 726.)

In denying the motion to sever the trial court applied the six factors listed in People v. Isenor (1971) 17 Cal.App.3d 324 (Isenor), to be considered in determining whether to sever based on the claim that a codefendant will offer exonerating testimony. Those factors are: "(1) Does the movant desire the testimony of the codefendant; (2) will the testimony be exculpatory; (3) how significant is the testimony; (4) is the court

Page 11

Other Questions


In a motion for a new trial in a sexual assault case brought by Dimas, who is remanded on remand pending a retrial, what factors will the court consider in deciding whether to grant or deny the motion? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for abusing a trial court's discretion in denying a motion to exclude evidence from two separate sexual assault cases? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
What is the test for a motion for a new trial in a sexual assault case? (California, United States of America)
Does a promise of leniency from a detective at trial and on appeal in a sexual assault case affect the credibility of a witness at trial? (California, United States of America)
Is there any case law where evidence of domestic violence, sexual abuse, or sexual assault was not excluded from a jury trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.