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There's cases called Aranda-Bruton Rule. These cases stand for the proposition that yes, at a preliminary hearing a co-defendant's statement can come in against another co-defendant and against them as an admission even if the defense attorney doesn't have an opportunity to cross-examine that co-defendant.
Time Limit- 90 Days If a defendant is not served within 90 days after the complaint is filed, the court ? on motion or on its own after notice to the plaintiff ? must dismiss the action without prejudice against that defendant or order that service be made within a specified time.
(1) If a party files a motion to dismiss before or at the time of filing an answer and pursuant to the provisions of this Code section, discovery shall be stayed for 90 days after the filing of such motion or until the ruling of the court on such motion, whichever is sooner.
- In exercising the court's discretion on a motion to sever, the trial court must consider three factors: (1) whether the number of defendants creates confusion as to the law and evidence to be applied to each; (2) whether a danger exists that evidence admissible against one defendant might be considered against the ...
When multiple defendants are charged for the same federal crime, they often receive different sentences based on their particular role, criminal history, and other factors. Judges have broad discretion in federal sentencing, so co-defendants rarely get identical punishment.
Any person who has been convicted of a felony in a state or federal court who has not had his or her civil rights restored and any person who has been judicially determined to be mentally incompetent shall not be eligible to serve as a trial juror. History. Code 1981, § 15-12-40 , enacted by Ga.
In legal terms, a motion to sever is a formal request to the court to separate a defendant's charges or cases from those of other defendants in the same crime or series of related crimes. A motion to sever means to ask the court to separate a defendant from other people in the same case.
Severance in a legal context means: Concerning civil procedure, the separation by the court of multiple claims to try each in a separate action, as in severance of actions or severance of claims. Concerning criminal procedure, the separation of criminal charges or defendants for trial.