As in Albers, the court defined antagonistic defenses by the defenses actually offered at trial, not by the content of codefendants' pretrial statements--a distinction that later would be lost as courts indiscriminately lumped codefendant statements together with antagonistic defenses or treated the former as a subcategory of the latter.
Minnecci's rule iteration does not address whether antagonistic defenses are limited to defenses presented at trial or also include codefendant statements, an issue on which later courts would reach varying conclusions; because Minnecci's codefendants did not accuse him either in statements or at trial, the court did not have to decide that issue.
In citing its four examples of true conflict, the Davis court was properly inclusive, not exclusive--"for example"--but the court followed earlier authorities in improperly lumping purely codefendant
statement issues together with antagonistic defense situations as in Braune.
When the witness shows in-depth knowledge of the general rule, and then applies it specifically to the case, the criticism of the codefendant
Although some decisions approving multiple jury trials involve simultaneous opening statements, it is best to give separate opening statements to each jury. This procedure ensures that each lawyer's opening will not reference evidence, such as an out-of-court statement by a defendant, that would be inadmissible in a codefendant
's case in the presence of the codefendant
In early cases examining the Confrontation Clause, the Court held that it was "reasonably possible for the jury to follow sufficiently clear instructions" to disregard a confessor's incriminatory statement against his codefendant
.(10) In Delli Paoli v.
"Lassey drove the codefendants
away from the scene of the robbery to their homes.
He is also not to enter industrial estates, not to associate with his codefendants
and placed on a curfew.
Ahmad Omar Saeed Sheikh, a member of the militant organization Jaish-e-Mohammad, and the three codefendants
will be formally indicted April 12 when regular hearings will begin, Raja Qureshi, the chief government prosecutor, told reporters after the opening session, which ended after about an hour.
Barbara Mazzitelli, speaking for her codefendants
, Davidine LeBoyer and Natalya Skvirsky, said they "concealed nothing, and are relieved and gratified, not only that the Judge dismissed the case, but to not be obligated in the future to be responsible for more than-the house they were selling."
"We would he prepared to support a rule," said Levitt, "that once a defendant settles a case, the liability of the codefendants
is reduced by an amount equal to the greater of the amount paid or the settling defendant's proportionate responsibility.
* Former northwest Arkansas developer Brandon Barber and two of his codefendants