...petitioner was convicted of various offenses. Although acknowledging other lower court cases saying that a severance is required when defendants present "mutually antagonistic defenses," the Court of Appeals...codefendants present "mutually antagonistic defenses." I Gloria Zafiro, Jose Martinez, Salvador Garcia, and Alfonso Soto were accused...repeatedly moved for severance on the ground that their defenses were mutually antagonistic. Zafiro testified that she was merely Martinez's girlfriend, and knew nothing of the conspiracy. She claimed...

..., 150 Wash.App. 110, 206 P.3d 697 (2009). “Mutually antagonistic defenses may on occasion be sufficient to support a motion for severance,” but they are not per se prejudicial...and Emery presented antagonistic, mutually exclusive defenses and severance was necessary for Olson to have a fair trial. Relying on State v. Medina, Olson argues that he was prejudiced because...may be demonstrated by showing ‘antagonistic defenses conflicting to the point of being irreconcilable and mutually exclusive.’ ” (quoting State...

...robbery and first degree murder. Before trial, it became evident that they intended to present mutually antagonistic defenses. Collins planned to present an alibi defense attempting to show that he was on...mutually antagonistic defenses. The district court issued a Certificate of Appealability under 28 U.S.C. § 2253(c) and Federal Rule 22(b) of Appellate...mutually antagonistic defense. In analyzing whether the trial court should have severed the cases against Collins and Anderson, the Court of Appeal looked to California law discussing antagonistic defenses, but...

...to sever because their defenses were mutually antagonistic and (2) denying their motions to suppress evidence. We affirm. I. BACKGROUND...their trials because they interposed mutually antagonistic defenses. Our reasoning in Rucker, however, has been undercut severely...four defendants inside. The defendants moved for severance because their defenses were mutually antagonistic; each claimed that they did not know that the box contained cocaine. In Rucker, this court held that A defendant may prove compelling prejudice by showing that he and his co-defendants advanced defenses so...

...trials. The Arizona Supreme Court concluded that trial counsel was not deficient, because the two defendants did not assert mutually antagonistic defenses. As there is no clearly established federal...law requiring severance of criminal trials in state court even when the defendants assert mutually antagonistic defenses, and as Tilden's and Runningeagle's defenses were not in fact mutually...' defenses “were not antagonistic to the point of being mutually exclusive.” Runningeagle, 859 P.2d at 173. Because severance was not required...

...and Garcia was that their defenses were mutually antagonistic. Soto testified that he didn't know anything about any drug conspiracy: Garcia had asked him for a box and he had given it to him; he...; after all, it wasn't his apartment. The government denies that the defenses of these various defendants were mutually antagonistic but concedes that if they were the defendants would be entitled to separate trials. The government describes this as a case merely of "finger-pointing," which it considers critically different from presenting mutually antagonistic defenses although...uncertainty is which one — the government's idea of when mutually antagonistic defenses bar a joint trial. True, a vast number of cases say that a defendant is entitled to a severance...

...States v. McVeigh, 169 F.R.D. 362, 364 (D. Col. 1996). I. Mutually Antagonistic Defenses as a Grounds for Severance Both Morales...and Pina argue that severance is proper here because their trial defenses will be mutually antagonistic. This term of art refers to the situation presented by two co-defendants whose trial defenses, if...believed by a jury, would necessarily require the jury not to believe the other. That is, defenses are mutually antagonistic if acquittal of one co-defendant would logically require conviction of the other. Before considering whether the movants' defenses are...

...that the district court erred in denying his motions to sever his trial from those of his codefendants on the ground of mutually antagonistic defenses, and that his convictions must therefore be...."). Many courts have recognized that such a risk arises when codefendants assert "mutually antagonistic" defenses. See Zafiro, 506 U.S...mutually antagonistic, however, severance is not mandatory. Id., 113 S.Ct. at 938. Mutually antagonistic defenses are not prejudicial per se; and...

...would result from a single trial is demonstrated. The existence of mutually antagonistic defenses is not sufficient, by itself, to mandate severance. [13] Homicide — First Degree...a motion to sever was discretionary, CrR 4.4 sets more stringent standards. Both defendants on several occasions moved for separate trials, alleging mutually antagonistic defenses. They claim the...against the other were excluded because of the problems presented by Bruton and Ferguson. The defendants argue that as a matter of law when mutually antagonistic defenses are...

..., 647 P.2d 6 (1982), cert. denied, 459 U.S. 1211 (1983). In Grisby, we rejected defendants' argument that when mutually antagonistic defenses are offered, severance...must be granted as a matter of law. While we recognized that mutually antagonistic defenses may on occasion be sufficient to support a motion for severance, the burden is upon the defendant to...prejudice a defendant in that (1) he may become embarrassed or confounded in presenting separate defenses; (2) the jury may use the evidence of one of the crimes...

...supplemental applications. On April 7, 1992, this Court denied Fowler's Motion to Recall Mandate based on the issue of severance for mutually antagonistic defenses. Proceedings were held in abeyance...Fowler and Fox issues on severance and peremptory challenges. Under Oklahoma law, mutually antagonistic defenses exist and require severance where each defendant attempts to exculpate himself and...(1993) (under federal rules, mutually antagonistic defenses do not require severance absent a serious risk that defendant's specific trial right is compromised or that the jury would be prevented from...

.... First, Devlin argues that the district court abused its discretion in denying his motion to sever his trial from that of his codefendant because they presented mutually antagonistic defenses. Assuming...without deciding that Devlin and his codefendant presented mutually antagonistic defenses, any potential misjoinder does not warrant reversal because it had no substantial or injurious.... State, 118 Nev. 642, 645-46, 56 P.3d 376, 378 (2002) (discussing mutually antagonistic defenses). For this same...

...-loading more than 1000 kilograms of marijuana from a sailboat. Prior to their joint trial, Throckmorton moved to sever his trial from Calicchio's on the ground their defenses were antagonistic...antagonistic defenses, a defendant must show that the core of the codefendant's defense is so irreconcilable with the core of his own defense that the acceptance of the codefendant's theory by the jury..., 15 F.3d 833, 846 (9th Cir. 1994). [1] It is clear Calicchio's defense was antagonistic to Throckmorton's. Antagonism between...

...because his and Sereno-Arreola's defenses were mutually antagonistic and because the joint trial caused the jury to find Bustos-Flores guilty by his mere association with Sereno-Arreola. We deal with each claim in turn. Mutually antagonistic defenses exist...as part of the record on appeal. Even if we assume that the defenses were mutually antagonistic, Bustos-Flores is not automatically entitled to severance. See United States v. Ortiz, 315 F.3d 873, 898 (8th Cir. 2002), cert. denied, 538 U.S. 1042, 123 S.Ct. 2095, 155 L.Ed.2d 1078 (2003). "Mutually antagonistic defenses are...-Arreola's counsel in convicting Bustos-Flores. This is simply a restatement of the argument rejected by the Supreme Court in Zafiro: that mutually antagonistic defenses are inherently prejudicial...

...P.2d 739 (Okla. Cr. 1974), that when defenses of codefendants are mutually antagonistic, pitting the defendants against one another, the trial court abuses its discretion in denying severance. When defenses of...Woodruff were mutually antagonistic, a mistrial should have been declared. We noted in our decision in Woodruff that: The defenses of...notify the trial court of antagonistic defenses and to present proper motions requesting severance. The trial court has the duty to inform itself when antagonistic defenses are indicated. It must insure that it is armed with a record complete enough to discern whether defenses are mutually antagonistic...

.... III. A. Balter and Cutler claim that they had "mutually antagonistic defenses" at trial and that the district court therefore erred in failing to grant their...this case, the defendants argued that they had been prejudiced because they had "mutually antagonistic" or "irreconcilable" defenses, and they urged the Court to adopt "a bright-line rule, mandating.... Since Zafiro, claims based on mutually antagonistic defenses have usually been found insufficient to warrant severance without a strong showing that such specific rights were impaired...

...warranted on this basis. 2. The Possibility of Mutually Antagonistic Defenses Does Not Warrant Severance. Bergren and Acosta next argue that they...foresee the possibility of mutually exclusive defenses at trial, which will deny them a fair trial. Def.s' Mot. at 13-15. "Mutually antagonistic defenses are not prejudicial per...se." Zafiro, 506 U.S. at 538. Instead, "[t]o be entitled to severance on the basis of mutually antagonistic defenses, a defendant must...

...codefendants. The District Court, Moore, Chief Judge, held that: (1) joinder was proper, and (2) defendants and codefendants did not have mutually antagonistic defenses.          Motions...[" Hart" ] and Edwin Velasquez [" Velasquez" ] have filed motions to sever asking for separate trials. They claim that a joint trial on this indictment would prejudice them due to mutually antagonistic defenses and...Court denied motions for severance filed by Rohlsen, Brooks, Jarvis, and Cornwall, which were largely based on theories of mutually antagonistic defenses. The Court reserved ruling on motions to sever...

...favored. C. The Court Finds No Mutually Antagonistic Defenses Vega states the Defendants' defenses are mutually antagonistic and sufficiently prejudicial...individuals who could have control over the second floor, the Defendants' defenses must be mutually antagonistic. (Id.) The Government maintains opposing defense theories at trial are rarely a valid basis for severance, and the Third Circuit does not rely on the "mutually antagonistic" defenses theory...due to mutually antagonistic defenses are unique and rare. (Id. at 9.) Zuniga denies there is a finger pointing contest between him and Vega. (ECF No. 108-2 at 5.) With substantial evidence...

...that she and her co-defendant, Dr. Joseph Tyrone Alfred, presented mutually antagonistic defenses that were irreconcilable and therefore the district court should have granted her request for severance...antagonistic defenses may prevent the jury from reliably determining guilt or innocence, and therefore warrant severance, when "the core of the codefendant's defense is so irreconcilable with the core of...." United States v. Throckmorton, 87 F.3d 1069, 1072 (9th Cir.1996). This case is more like Throckmorton, in which we held that the asserted defenses were not antagonistic...