SPILLOVER THEORY

SPILLOVER THEORY

spillover theory. The principle that a severance must be granted only when a defendant can show that trial with a codefendant would substantially prejudice the defendant’s case, as when the jury might wrongly use evidence against the defendant. See BRUTON ERROR. [Cases: Criminal Law 622.2(8). C.J.S. Criminal Law ¡ì¡ì 570¨C571.]

¡°The spillover theory involves the question of whether a jury’s unfavorable impression of a defendant against whom the evidence is properly admitted will influence the way the jurors view a codefendant…. The test … is whether the jury can keep separate the evidence that is relevant to each defendant and render a fair and impartial verdict.¡± 22A C.J.S. Criminal Law ¡ì 571, at 190¨C91 (1989).


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