Cheers erupted in the courtroom when the presiding judge ordered the release of Fattah and the codefendant
still in custody on bail of 10,000 Egyptian pounds (around $1,400).
Former northwest Arkansas developer Brandon Barber and two of his codefendants
It did not mischaracterize Rupert that way--the court said nothing about antagonism in the Rupert context and appears to have recognized correctly that Rupert was fundamentally about codefendant
statements--but the distinguishing point it extracted from Rupert, focusing on the conflict between the two defendants, together with the two references to antagonism in the opinion, would be used by later courts to summarily define Rupert, too, as an antagonistic defenses case.
Saddam and seven codefendants
deny roles in the mass murder of 148 Shia Muslims in Dujail, where an attempt had been made on the toppled president's life.
allegedly used several tactics to elicit alarm systems contracts from senior citizens.
The trial court granted Velez's motion to sever from his codefendant
but, instead of conducting two entirely separate trials, impaneled two juries to hear the defendants' cases at the same time.
Whitley did not testify at trial, but confessed to the crime in an out-of-court statement, which specifically implicated all four codefendants
The only real exception to this rule of thumb was that one would not speak directly to a codefendant
physician, since he or she was represented by counsel and it would be a breach of legal ethics to do so, and what the codefendant
said in the interview might have to be disclosed.
531) Davis' trial motion for severance was based only on a bald, conclusory allegation that codefendant
Huff s defense was antagonistic, and the trial court denied the motion after the prosecution agreed to delete any inculpatory statements from Huff regarding Davis.
Supreme Court resolved a split among various federal circuit courts by ruling in an action brought under rule 10b-5, the antifraud provision of the Securities and Exchange Act of 1934, that codefendants
can seek contributions from each other (that is, the right of the party required to compensate a victim to a contribution from a codefendant
jointly responsible for the injury).
However, Levitt was cautious when asked about proposals to replace the joint and several liability standard (holding codefendant
third parties with "deep pockets" liable for losses based on their ability to pay) with proportionate liability (in which judgments against codefendants
are based on their relative contributions to claimed losses).
One of CEASS's goals is to replace joint and several liability (under which any codefendant
in a securities fraud case can be held liable for all damages awarded) with proportionate liability (under which penalties are based on relative contribution to any harm caused).