MORGAN

v.

SETLIFF, WARDEN

Citator

Cited By (23 total)

• United States v. Ramirez, 710 F.2d 535 (9th Cir. 1988)
  …er a severance when it appears that a defendant may be significantly prejudiced by a joint trial with his codefendants. Generally, defendants jointly charged are to be jointly tried. United States v. Gay, 567 F. 2d 916, 919 (9th Cir.), cert. denied, 435 U.S. 999, 98 S.Ct. 1655, 56 L.Ed.2d 90 (1978); see Fed.R.Crim.P. 8(b). Whether severance is necessary is within the sound discretion of the district court. United States v. Gee, 695 F. 2d 1165, 1169 (9th Cir.1983). The district court in the present case den…
• United States v. Ibrahim Abushi, 682 F.2d 1289 (9th Cir. 1982)
  …y prejudicial as to require the trial judge to exercise his discretion in but one way, by ordering a separate trial. E.g., United States v. Mills, 597 F. 2d 693, 696 (9th Cir. 1979); United States v. Gay, 567 F. 2d 916, 919 (9th Cir.), cert. denied, 435 U.S. 999, 98 S.Ct. 1655, 56 L.Ed.2d 90 (1978); United States v. Campanale, 518 F. 2d 352, 359 (9th Cir. 1975), cert. denied, 423 U.S. 1050, 96 S.Ct. 777, 46 L.Ed.2d 638 (1976). [*1297] As with their arguments in support of their motion for misjoinder under R…
• United States v. Escalante, 637 F.2d 1197 (9th Cir. 1980)
  …dered when it appears that a defendant may be significantly prejudiced by a joint trial with his codefendants. Generally speaking, defendants jointly charged are to be jointly tried. United States v. Gay, 567 F. 2d 916, 919 (9th Cir.), cert. denied, 435 U.S. 999, 98 S.Ct. 1655, 56 L.Ed.2d 90 (1978). This is also the rule in conspiracy eases. United States v. Kelly, 569 F. 2d 928, 938 (5th Cir.), cert. denied, 439 U.S. 829, 99 S.Ct. 105, 58 L.Ed.2d 123 (1978); see Haggard v. United States, 369 F. 2d 968, 974…