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.
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'”).
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)).
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.