Topic: it is incumbent upon the defendant who seeks a severance to… · Go Syfert
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Topic #3334

3 canonical passages across 3 cases, quoted by 8 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Green v. State.

#Case FlagCanonical passage Citers
1 Green v. State Anchor
ga · 2002
green “it is incumbent upon the defendant who seeks a severance to show clearly that he will be prejudiced by a joint trial, and in the absence of such a showing, the trial court's denial of a severance motion will not be disturbed.” 3
2 Avellaneda v. State
gactapp · 2003
green “whether to grant or deny a severance should be decided on a case-by-case basis and is an issue that is left to the discretion of the trial court.” 3
3 Cain v. State
ga · 1975
green “the grant or denial of a motion to sever is left to the discretion of the trial court, its ruling will be overturned only for an abuse of discretion.” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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