POLK

v.

UNITED STATES

Citator

Cited By (48 total)

• United States v. Thevis, 665 F.2d 616 (5th Cir. 1982)
  …he defendant must be unable to obtain a fair trial without severance and must demonstrate compelling prejudice against which the trial court will be unable to afford protection.” United States v. Swanson, 572 F. 2d 523, 528 (5th Cir.), cert. denied, 439 U.S. 849, 99 S.Ct. 152, 58 L.Ed.2d 152 (1978). See United States v. Grapp, 653 F. 2d 189, 192-93 (5th Cir. 1981); United States v. Salomon, 609 F. 2d 1172, 1175 (5th Cir. 1980). The trial court denied the pre-trial severance motions of Evans and Hood, findi…
• United States v. Kopituk, 690 F.2d 1289 (11th Cir. 1982)
  …tection. United States v. Harper, 11 Cir. 1982, 680 F. 2d 731; United States v. Kabbaby, supra, 672 F. 2d at 861; United States v. Tombrello, 666 F. 2d 485, 492 (11th Cir. 1982); United States v. Swanson, 572 F. 2d 523, 528 (5th Cir.), cert. denied, 439 U.S. 849, 99 S.Ct. 152, 58 L.Ed.2d 152 (1978). In the context of an antagonistic defense claim, it is necessary to show not simply that the defenses were antagonistic, but that they were irreconcilable and mutually exclusive. United States v. Mota, 598 F. 2d…
• United States v. Berkowitz, 662 F.2d 1127 (5th Cir. 1981)
  …14.6 Under Rule 14, the decision to grant a severance is committed to the sound discretion of the district court. United States v. Crawford, 581 F. 2d 489, 491 (5th Cir. 1978); United States v. Swanson, 572 F. 2d 523, 528 (5th Cir.), cert. denied, 439 U.S. 849, 99 S.Ct. 152, 58 L.Ed.2d 152 (1978). In deciding a motion for severance, the district court must balance the potential prejudice to the defendant against the public interest in joint trials where the case against each defendant arises from the sa…

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