United States Seventh Circuit

Denials of a motion to sever and motions for a new trial on charges relating to a drug-trafficking conspiracy are affirmed where: 1) the joinder of homicide and drug-conspiracy charges did not prejudice defendant in the absence of a showing of specific examples of testimony he wished to give concerning the homicide counts that would be prejudicial as to the drug counts; 2) a jury instruction was sufficient to prevent a prejudicial "spill-over" effect when a single jury considered both the homicide and drug charges; and 3) defendants waived their arguments that the district court improperly considered evidence in denying their new-trial motions by failing to object to the court itself.

Appellate Information

• Argued 01/14/2008
• Decided 09/02/2008
• Published 09/02/2008

Judges

• KANNE, Circuit Judge., Before POSNER, KANNE, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Daniel L. Bella (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee., Jerold S. Solovy, Benjamin J. Bradford (argued), Jenner & Block, Chicago, IL, for James Ervin Defendant-Appellant., Benjamin J. Bradford, Jenner & Block, Chicago, IL, Christopher W. Zibart, Michael S. Baig (argued), Foley & Lardner, Chicago, IL, for Jay Zambrana Defendant-Appellant.