United States v. Furness

4 Citing cases

  1. United States v. Georges

    Case No. 2:20-cr-157 (2) (S.D. Ohio Apr. 26, 2021)   Cited 4 times

    Appellate courts will not reverse a trial court's decision to sever, unless it can be shown that the defendants were prejudiced in some way by the court granting severance. See United States v. Furness, No. 3:19-cr-098(4), 2021 WL 736900, at *1 (S.D. Ohio Feb. 25, 2021) (citing Jackson v. United States, 412 F.2d 149, 151 (D.C. Cir. 1969)). III.

  2. United States v. Snipes

    2:22-cr-029 (W.D. Va. Jun. 12, 2023)   Cited 1 times

    The court acknowledged that it could not “say with certainty that any defendant has identified a ‘specific trial right' that would likely be compromised by joint trial,” but found it “likely that at least some of the rights contemplated by Zafiro [would] be implicated and potentially compromised.” Id. (emphasis in original). Further, given the “anticipated length of trial,” the court had “significant misgivings about a lay jury's ability to manage the avalanche of limiting instructions that a joint trial of this nature would entail,” as well as “the substantial risk of prejudice that would almost inevitably result.” Id.; see also United States v. Furness, No. 3:19-CR-098 (4), 2021 WL 736900, at *2 (S.D. Ohio Feb. 25, 2021) (granting severance in a conspiracy case where a codefendant was charged with a greater number of offenses, in which the defendant seeking severance was not involved, due to a danger that “despite any cautionary instructions,” the “jury could vote to convict . . . based on a theory of ‘guilt by association'”).

  3. United States v. Hansend

    21-cr-20307-GAD-KGA-2 (E.D. Mich. Dec. 21, 2022)

    Appellate courts will not reverse a trial court's decision to sever, unless it can be shown that the defendants were prejudiced in some way by the court granting severance. United States v. Furness, No. 3:19-cr-098(4), 2021 WL 736900, at *1 (S.D. Ohio Feb. 25, 2021) (citing Jackson v. United States, 412 F.2d 149, 151 (D.C. Cir. 1969)).

  4. United States v. Allder

    2:20-cr-0126(6) (S.D. Ohio Jun. 22, 2021)   Cited 2 times

    Appellate courts will not reverse a trial court's decision to sever, unless it can be shown that the severance prejudiced a defendant in some way. United States v. Furness, No. 3:19-cr-098(4), 2021 WL 736900, at *1 (S.D. Ohio Feb. 25, 2021) (citing Jackson v. United States, 412 F.2d 149, 151 (D.C. Cir. 1969)). III.