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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- ZAFIRO et al. v. UNITED STATES
- certiorari to the united states court of appeals for
- the seventh circuit
- No. 91-6824. Argued November 2, 1992-Decided January 25, 1993
-
- Petitioners were indicted on federal drug charges and brought to trial
- together pursuant to Federal Rule of Criminal Procedure 8(b), which
- provides that defendants may be charged together ``if they are alleged
- to have participated . . . in the same series of acts or transactions
- constituting . . . offenses.'' At various points during the proceeding,
- they each argued that their defenses were mutually antagonistic and
- moved for severance under Rule 14, which specifies that, ``[i]f it
- appears that a defendant or the government is prejudiced by a
- joinder of . . . defendants . . . for trial . . . , the court may order an
- election or separate trials of counts, grant a severance of defendants
- or provide whatever relief justice requires.'' The District Court
- denied the motions, and each petitioner was convicted of various
- offenses. Although acknowledging other lower court cases saying
- that a severance is required when defendants present ``mutually
- antagonistic defenses,'' the Court of Appeals found that petitioners
- had not suffered prejudice and affirmed the denial of severance.
- Held: Rule 14 does not require severance as a matter of law when
- codefendants present ``mutually exclusive defenses.'' While the Rule
- recognizes that joinder, even when proper under Rule 8(b), may
- prejudice either a defendant or the Government, it does not make
- mutually exclusive defenses prejudicial per se or require severance
- whenever prejudice is shown. Rather, severance should be granted
- only if there is a serious risk that a joint trial would compromise a
- specific trial right of a properly joined defendant or prevent the jury
- from making a reliable judgment about guilt or innocence. The risk
- of prejudice will vary with the facts in each case, and the Rule leaves
- determination of the risk, and the tailoring of any necessary remedy,
- to the sound discretion of the district courts. Although separate trials
- will more likely be necessary when the risk is high, less drastic
- measures, such as limiting instructions, often will suffice. Because
- petitioners, who rely on an insupportable bright-line rule, have not
- shown that their joint trial subjected them to any legally cognizable
- prejudice, the District Court did not abuse its discretion in denying
- their motions to sever. Moreover, even if there were some risk of
- prejudice, here it is of the type that can be cured with proper
- instructions, which the District Court gave. Pp. 3-7.
- 945 F. 2d 881, affirmed.
- O'Connor, J., delivered the opinion of the Court, in which
- Rehnquist, C. J., and White, Blackmun, Scalia, Kennedy, Souter,
- and Thomas, JJ., joined. Stevens, J., filed an opinion concurring in
- the judgment.
-