what does it mean to have a co defendant

Co-Defendant's in Colorado criminal cases many times -as a thing of strategy and tactics do Not want to be tried together. One reason may be that in a articulation trial the more guilty of the two one with peradventure a much worse criminal history tends to "shade" the case against the less guilty of the ii.. In this state of affairs the former defendant will seek a severance of the trials this commodity addresses that event.

Colorado Law of Severance As A Affair of Right vs A Matter of Judge Based Discretion

The Dominion in Colorado is that severance is to be granted every bit a matter of right if there is material evidence admissible against one just not all of the parties and admission of that evidence is prejudicial to the political party against whom the evidence is not admissible.

Fifty-fifty if the prove at issue would be inadmissible confronting the accused seeking severance, severance is not mandatory unless it is too shown that the evidence is prejudicial to the moving defendant.

To institute prejudice for the purposes of § 16-vii-101, the defendant must show that the testify was so inherently prejudicial that the jury could not accept express its use to a proper purpose.

Here is The Specific Colorado Law on Severance (each section is "broken out" so that it is easier to understand):

§ 16-seven-101. Carve up Trial of Joint Defendants

When two or more defendants are jointly indicted or informed against for whatever offense and in that location is textile bear witness, non relating to reputation, which is admissible against i or some of them only which is not open-door confronting all of them if they are tried separately and which is prejudicial to those against whom it is not admissible, those confronting whom such evidence is admissible shall be tried separately upon motion of whatever of those against whom the testify is not admissible. In all other cases, defendants jointly prosecuted shall be tried separately or jointly in the discretion of the courtroom.

The Law Equally Interpreted By The Colorado Courts

This section is mandatory when it appears that a defendant would be prejudiced on a joint trial by the access of bear witness which would not be open-door every bit against him, but which would be competent as against his co-defendant.

A defendant is entitled to severance of trial as a matter of correct if there is show that is open-door against one merely not all of the parties and if the evidence is prejudicial to the defendant against whom the evidence is not open-door.

The supreme courtroom has interpreted this section to mean, in the mandatory severance setting, that the trial court must determine whether the admitted show was and then inherently prejudicial that the jury could non accept limited its use to its proper purpose.

The Trial Judge's Decision to Sever The Trials Or Non To Sever The Trials Will Be Upheld On Appeal

The trial court'south decision will exist upheld on appeal absent-minded a showing of an abuse of discretion and actual prejudice to the moving party. Severance is to exist based upon a finding of prejudice rather than simply the differences which are incidental to whatsoever trial of more than one accused.

Joint Indictments And Discretionary Severance

Where ii defendants are indicted jointly, and there is evidence non relating to reputation, admissible as against one of them, but inadmissible as against the other, the one against whom such testify is inadmissible is entitled to a separate trial every bit of correct under this section.

Simply where the bear witness is admissible against all defendants, severance need not be allowed.

And such this as show of reputation of another defendant is expressly excluded as a ground for severance past this section.

When an out-of-court statement of a co-defendant does not make reference to the co-defendant, severance should exist granted only when it is necessary to promote a fair determination of the guilt or innocence of one or more than defendants.

The court should brand this determination by considering, among other factors, whether, in view of the number of offenses and defendants charged and the complexity of the evidence offered, the trier of fact will be able to distinguish the evidence and apply the police force intelligently as to each offense and as to each defendant.

Severance Of Trials That Is Within The Authority (The Discretion) of the Trial Guess

If a defendant is not entitled to a severance every bit a matter of right, a movement for severance is addressed to the audio discretion of the trial court, whose decision will be affirmed absent a showing of abuse of discretion and actual prejudice to the moving party.

The factors to exist considered in determining whether denial of a severance constitutes an abuse of discretion include:

1. whether the number of defendants or the complexity of evidence is such that the jury will misfile the testify and the law applicable to each defendant;
2. whether, despite admonitory instructions, prove admissible against one defendant will improperly be considered against another; and
3. whether the defenses are antagonistic.

What is not an Antagonistic Defense?

Defenses are not antagonistic where they do not specifically contradict each other. Therefore where articulation defendants merely deny participation in the criminal offence and exercise non nowadays evidence or testimony that the other defendant was solely responsible, arguments made by the lawyers that suggest that the other defendant was responsible for the law-breaking does NOT establish the existence of antagonistic defenses.

Please call our police firm if yous accept questions about.

Law of Severance in Colorado

H. Michael Steinberg has been a Colorado criminal law specialist chaser for 38 years (every bit of 2012). For the First 13 years of his career, he was an Arapahoe Douglas County District Chaser Senior prosecutor. In 1999 he formed his own law house for the defense of Colorado criminal cases.

In add-on to handling tens of thousands of cases in the trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal police and frequently provides legal analysis on radio and tv, appearing on the Play a trick on News Channel, CNN and Diverse National and Local Newspapers and Radio Stations. Delight call him at your convenience at 720-220-2277

If you accept questions about Police of Severance in Colorado in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to reply those questions and also to provide quality legal representation to those charged in Colorado developed and juvenile criminal matters.

In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters equally regards the Law of Severance in Colorado.

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Source: https://www.hmichaelsteinberg.com/co-defendants-and-separate-trials.html

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