The joint counsel moved for separate trials, submitting affidavits to show that one defendant, Rose, would argue that he was present and saw his codefendant, Eckford, fire the fatal shot, whereas Eckford would argue that he was not present.
287) The court reversed, concluding, "Every defendant who is unable to employ counsel for his defense has a right to have an attorney appointed by the court who can, and will upon the trial, present to the court and jury the defendant's full defense, untrammeled by any conflicting interests of a codefendant.
The better practice, especially when a defense attorney seeks to emphasize greater culpability of a codefendant, would be for only the cross-examining defendant's jury to be present.
30] An example is when a defendant introduces testimony that the codefendant is solely responsible for a murder they are each charged with committing.
44) A confessor's statements are less trustworthy than other hearsay evidence, according to Justice White, because he is tainted by the strong motivation to inculpate his codefendant and thereby absolve himself of all or any of the blame.
63) It likened the Bruton principle to a facially incriminating analysis, where a confessor's statement is inadmissible only if it expressly inculpates one's codefendant.
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.
The legislation requires that judgments against codefendants
who have not committed intentional fraud be based on their proportionate liability for the losses sustained rather than on their ability to pay most or all of the judgments.
ment Act (S 3181 and HR 5828) would require judgments against codefendants
to be based on their proportionate contributions to claimed losses rather than on their ability to pay most or all of the entire judgments.
Under the joint and several liability standard, auditors have been required to pay for losses caused by actions of bankrupt codefendants