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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