Public-domain · open source
OpenJurist

566 So. 2d 892

Allen v. State

District Court of Appeal of Florida

Decided September 12, 1990

District Court of Appeal of Florida · decided 1990-09-12

Cited by 3 later decisions — most recently June 2018

3 state decisions

Key passage — most relied on by later courts

“[i]t is not an abuse of discretion to deny severance even when defendants rely on inconsistent or antagonistic defenses, or when one defendant blames the other for the offense.”

quoted by 1 later decision, including 739 So. 2d 1230 - Wright v. State

“was tried before a jury partially chosen by a former codefendant testifying for the state.”

quoted by 1 later decision, including 5 Cal. 5th 372 - People v. Anderson

Relies on 511 So. 2d 575 - Biscardi v. State · 520 So. 2d 568 - Kritzman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-09-12

View the full empirical analysis of this case →

PER CURIAM.

¶1Convicted defendant Allen raises two issues in this appeal. Since we reverse on the second issue, we need not address the other.

¶2Allen and codefendant Feinman moved to sever, claiming inconsistent defenses. We find no error in the denial of that motion. It is not an abuse of discretion to deny severance even when defendants rely on inconsistent or antagonistic defenses, or when one defendant blames the other for the offense. Biscardi v. State, 511 So.2d 575 (Fla. 4th DCA 1987).

¶3Feinman had been negotiating with the state for a plea, of which fact Allen was aware. The negotiations were not completed when the jury was selected, and both defendants participated in voir dire, with Feinman striking two of the jurors whom Allen had accepted. After the jury was sworn, but before the trial began, Feinman pled guilty and ultimately testified against Allen. Allen’s motion for mistrial was denied.

¶4We find that Allen was denied a fair trial because he was tried before a jury partially chosen by a former codefendant testifying for the state. See Kritzman v. State, 520 So.2d 568 (Fla.1988).

¶5Reversed and remanded for a new trial.

ANSTEAD, GLICKSTEIN, JJ., and MARTIN D. KAHN, Associate Judge, concur.
/566/so2d/892 · .json · Public domain