Is there a conflict of interests between codefendants in a trial where one defendant and the other defendant are seeking to avoid the death penalty?

California, United States of America


The following excerpt is from People v. Ainsworth, 248 Cal.Rptr. 568, 45 Cal.3d 984, 755 P.2d 1017 (Cal. 1988):

As noted, defendant attempts to distinguish this case from what appears to be well-established authority. Although defendant's characterization of the pretrial situation emphasizes "totally conflicting defenses"[755 P.2d 1030] and "basic conflict of interests," it was a fact that each defendant was charged with a [45 Cal.3d 1006] capital offense and each pursued a defense of denial. 9 Indeed, conflict and adverse interests amongst codefendants is not unusual. They seldom have common interests: "Frequently, as in the instant case, one defendant attempts to show that he is less, or his codefendant more, blameworthy, in the hope of avoiding the death penalty." (People v. Floyd (1970) 1 Cal.3d 694, 720, 83 Cal.Rptr. 608, 464 P.2d 64.) Ironically, it is precisely at the time of jury selection that codefendants would seem to have a common interest, namely choosing a jury that is not "pro-prosecution."

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