Severance/Consolidation

Name: People v. Garcia
Case #: D049650
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/14/2008
  • Categories: Admitting/Excluding, Evidence, Gang Affiliation, Hearsay, Pretrial Motions, Severance/Consolidation

"A defendant's conduct after a crime, including flight, is a relevant factor in determining his liability as an aider and abettor of the crime." Here the evidence showed that appellant fled from the scene in the same car with the…

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Name: People v. New
Case #: D048497
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/28/2008
  • Categories: Pretrial Motions, Severance/Consolidation, Speedy Trial

Prejudice resulting in a delay of prosecution for a 1973 murder did not result in an unfair trial. Mr. New appealed from his conviction on two counts of murder, one for the murder in 1973 of his first wife, and…

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Name: People v. Reyes
Case #: B196415
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 01/23/2008
  • Categories: Pretrial Motions, Severance/Consolidation

Bruton/Aranda error is harmless given the overwhelming evidence of guilt. Reyes and Ginez were tried together for the murder of the victim. Reyes spoke to police in a way that could incriminate Ginez, and Ginez could not cross-examine Reyes because…

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Name: Alcala v. Superior Court of Orange County
Case #: G036911
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 02/27/2007
Subsequent History: 5/23/07 Revw Granted: S150806
  • Categories: Pretrial Motions, Severance/Consolidation

Because Penal Code sections 790 (b) and 954.1, permitting consolidation of charges and eliminating mandatory cross-admissibality of evidence, address the conduct of trials, as opposed to changing the legal consequences of criminal behavior, they do not implicate ex post facto…

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Name: United States v. Decoud
Case #: 04-50478
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/02/2006
  • Categories: Challenges to Panel, Informants, Pretrial Motions, Search & Seizure, Severance/Consolidation, Trial Proceedings

The appellate court affirmed three defendants’ convictions, holding that the district court did not abuse its discretion in finding a necessity for a wiretap. The panel rejected defendant Decoud’s protestations against the search of a briefcase because he gave up…

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Name: People v. Burnell
Case #: G032634
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/19/2005
  • Categories: General Principles, Jury Instructions, Pretrial Motions, Severance/Consolidation

Appellant was convicted of multiple offenses including attempted murder, robbery, vehicle theft, receiving stolen property, mayhem, and street terrorism. On appeal, he argued that the attempted murder, robbery, vehicle theft, and mayhem convictions had to be stricken because they are…

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Name: People v. Jennings
Case #: E030778
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 10/02/2003
Subsequent History: None
  • Categories: Evidence, Hearsay, Pretrial Motions, Severance/Consolidation

Appellant, the mother of the five-year-old victim, was convicted along with the victim's father of first degree murder under circumstances indicating severe abuse and neglect. Admitted at their joint trial were several hearsay statements made by the father during a…

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Name: People v. Schmaus
Case #: B147015
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 06/12/2003
Subsequent History: None
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Examination of Witness, Pretrial Motions, Severance/Consolidation

Schmaus, Beattie, and Black were convicted of first degree murder while lying in wait. At their joint trial, Glenn testified that he and the defendants killed the victim because he committed a sex offense. Before trial, the prosecutor moved in…

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Name: People v. Phelps
Case #: C038176
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/19/2002
Subsequent History: 12/16/02: rehrg. granted & opn. depublished; 3/19/03 rehrg. opn. not published
  • Categories: Double Punishment (PC 654), Enhancements, Motion Attacking, Pleadings, Pretrial Motions, Sentencing, Severance/Consolidation

The trial court did not err when it allowed the prosecutor to consolidate two felony charges: making criminal threats and failure to appear. The underlying circumstances of each felony charge were relevant to the other charge. Phelps failed to appear…

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Name: Sandoval v. Calderon
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/06/2000
Subsequent History: None
  • Categories: Areas Constitutional Law, Due Process, Pretrial Motions, Severance/Consolidation

Due process did not require the severance of any of the four murders charged in the single action. The state's case against Sandoval on each set of crimes was strong, and the evidence was cross-admissible. At the time the trial…

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