LUSE

v.

WARDEN, NEVADA STATE PRISON

Citator

Cited By (16 total)

• United States v. Jackson, 549 F.2d 517 (8th Cir. 1977)
  …eir Fifth Amendment rights. If Muhammad had been severed and tried first, his co-defendants would have had to waive their Fifth Amendment rights in order to testify on his behalf. United States v. Carella, 411 F. 2d 729, 731 (2d Cir.), cert. denied, 396 U.S. 860, 90 S.Ct. 131, 24 L.Ed.2d 112 (1969). Thus, the co-defendants’ pretrial stance, that they would not waive their Fifth Amendment rights at the forthcoming joint trial, could not be considered equivalent to assurances that they would testify for Muha…
• United States v. Pepe, 747 F.2d 632 (11th Cir. 1984)
  …o states that in lieu of a severance the trial court should have permitted him to introduce Pepe’s grand jury testimony into evidence. Such evidence is generally inadmissible, see United States v. Carella, 411 F. 2d 729, 732 (2d Cir.), cert. denied, 396 U.S. 860, 90 S.Ct. 131, 24 L.Ed.2d 112 (1969), and Santo cites no authority to the contrary. . Thomas Miglionico claims that the district court abused its discretion in denying his mid-trial severance motion, which we treat as a motion for mistrial, after G…
• United States v. Somers, 496 F.2d 723 (3d Cir. 1974)
  …tional right of a defendant not to testify at the behest of a co-defendant remains his right despite the severance of their trials.” Id. at n.22. Cf. United States v. Carella, 411 F. 2d 729, 731 (2d Cir. 1969), cert. denied, Erhart v. United States, 396 U.S. 860, 90 S.Ct. 131, 24 L.Ed.2d 112 (1969). Fisher has made no showing that La-Sane would have testified voluntarily in Fisher’s case had the defendants been severed. Absent such a demonstration, appellant has neither proven the prejudice which is the bas…