Court of Criminal Appeals of Texas

The existence of "antagonistic defenses" does not by itself demonstrate prejudice as a ground for severance of defendants. To establish prejudice, a defendant must show a serious risk that a specific trial right would be compromised by a joint trial, or that a joint trial would prevent the jury from making a reliable judgment about guilt or innocence, and that the problem could not be adequately addressed by lesser curative measures, such as a limiting instruction.

Appellate Information

• Decided 05/24/2006
• Published 05/24/2006

Judges

• PER CURIAM.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• M. Michele Greene, Odessa, for appellants., Frank D. Brown, District Attorney, Fort Stockton, Matthew Paul, State's Attorney, Austin, for state.