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Tag Archives: Severance

10-1433 U.S. v. Spagnola

Criminal Procedure Severance A co-conspirator’s statement to police that “oh, then, you have me on conspiracy,” does not require severance of the trials. “A Bruton violation occurs only if the confession of a non-testifying co-defendant facially incriminates the non-confessing co-defendant. See, e.g., United States v. Brooks, 125 F.3d 484, 501 (7th Cir. 1997). George’s statement neither facially incriminates Spagnola nor ...

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09-2099 & 09-2716 U.S. v. Plato

Criminal Procedure Severance Blame-shifting by a co-defendant does not require severance of the trials. “Graham does his best to fashion a Sixth Amendment confrontation violation out of Plato’s attorney’s conduct. Plato’s attorney essentially became a testifying witness, the argument goes, and because Plato himself did not testify, Graham was deprived of his Sixth Amendment right to confront Plato on the ...

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