BOOTH ET AL.

v.

UNITED STATES

Citator

Cited By (27 total)

• United States v. Aristedes Drougas, 748 F.2d 8 (1st Cir. 1984)
  …nistic defenses do not per se require severance, even if the defendants are hostile or attempt to cast the blame on each other.” United States v. Arruda, 715 F. 2d at 679; United States v. Talavera, [*20] 668 F. 2d 625, 630 (1st Cir.), cert. denied, 456 U.S. 978,102 S.Ct. 2245, 72 L.Ed.2d 853 (1982). Antagonism of defenses requires severance only where the defenses are so inconsistent that the jury would have to believe one defendant at the expense of the other; the conflict alone establishes the guilt of a…
• United States v. Gennaro J. Angiulo, 897 F.2d 1169 (1st Cir. 1990)
  …believes one defense, it is compelled to convict the other defendant. See id. at 19; Arruda, 715 F. 2d at 679; see also United States v. Porter, 764 F. 2d 1, 13 (1st Cir.1985); United States v. Talavera, 668 F. 2d 625, 630 (1st Cir.), cert. denied, 456 U.S. 978, 102 S.Ct. 2245, 72 L.Ed.2d 853 (1982); Davis, 623 F. 2d at 194-95. Applying these standards to the facts at hand, we find that Gennaro and Granito’s defenses were insufficiently antagonistic to require severance. Granito’s theory of defense was si…
• United States v. Boylan, 898 F.2d 230 (1st Cir. 1990)
  …ly anticipates proving against all.” United States v. Martinez, 479 F. 2d 824, 828 (1st Cir.1973). Nevertheless, mere similarity of acts, without more, does not justify joinder. United States v. Talavera, 668 F. 2d 625, 629 (1st Cir.), cert. denied, 456 U.S. 978, 102 S.Ct. 2245, 72 L.Ed.2d 853 (1982); King v. United States, 355 F. 2d 700, 703 (1st Cir.1966). A rational basis in fact, sufficient to warrant joinder, must be discernible from the face of the indictment. United States v. Arruda, 715 F. 2d 671, 6…