In what circumstances will the trial judge be able to sever certain defendants and declare a mistrial after these outbursts?
MultiRegion, United States of America
The following excerpt is from United States v. Bentvena, 319 F.2d 916 (2nd Cir. 1963):
As to his failure to sever certain defendants and to declare a mistrial after these outbursts, we look to our recent decision in United States v. Aviles, supra. There, as here, a defendant burst into a tirade before the jury accusing his co-defendants. There, as here, the trial judge promptly instructed the jury to disregard the outbursts. We said, in answer to the contention that reversal was required:
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