What is the test for severance in a personal injury case?

California, United States of America


The following excerpt is from People v. Lewis, C064781 (Cal. App. 2015):

may have been acceptable with proper limiting instructions. (Id. at p. 1085; see also Zafiro v. United States (1993) 506 U.S. 534, 540 [122 L.Ed.2d 317] [separate trials are not required just because the chance of acquittal would be improved; prejudice from a joint trial can often be cured with proper instructions].) Defendants did not establish that their defenses were irreconcilable or mutually exclusive, nor do they complain on appeal about limiting instructions being denied. The trial court did not abuse its discretion in denying severance.

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