When will a judge order a severance motion against a defendant who is jointly charged with any public offense?
California, United States of America
The following excerpt is from People v. Lewis, C064781 (Cal. App. 2015):
We have already explained that when two or more defendants are jointly charged with any public offense, they must be tried together unless the trial court in its discretion orders separate trials. (Pen. Code, 1098.) Policy favors joint trials and reversal based on denial of a severance motion is rare. (People v. Mitcham (1992) 1 Cal.4th 1027, 1048-
Page 35
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, must they be tried jointly? (California, United States of America)
When two or more defendants are jointly charged with any public offense, whether felony or misdemeanor, must they jointly stand trial? (California, United States of America)
When two or more defendants are jointly charged with any public offense, can the court order separate trials? (California, United States of America)
In arguing that the trial court abused its power to deny a motion to sever an indecent exposure charge from a sexual assault charge, does defendant rely on Earle v Earle to argue that the motion was abused? (California, United States of America)
If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
In what circumstances will a judge order a motion to set aside a previous order in the administration of the same estate after the same order has become final? (California, United States of America)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
What is the test for a motion for a retrial of a defendant who has pleaded guilty to a charge of sexual assault and a similar charge against the same defendant? (California, United States of America)
When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
