What is the test for severing a trial of a defendant who contends that a co-defendant would offer exculpatory testimony at a separate trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Sliker, 751 F.2d 477 (2nd Cir. 1985):
In United States v. Finkelstein, 526 F.2d 517 (2d Cir.1975), cert. denied sub nom. Scardino v. United States, 425 U.S. 960, 96 S.Ct. 1742, 48 L.Ed.2d 205 (1976), we identified four factors to be weighed in determining whether to sever the trial of a defendant who contends that a co-defendant would offer exculpatory testimony at a separate trial. These are as follows:
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