United States v. Emond
United States Court of Appeals for the Seventh Circuit
935 F.2d 1511 (1991)
Relevant factsFree
Emond (defendant), an Illinois village manager, ran bribery and graft schemes using his official position. He and four codefendants, including his wife, were charged with fraud, racketeering, and tax evasion and tried together after their pretrial severance motions were denied. Emond argued a codefendant's defense was antagonistic to his own; his wife argued the fraud evidence unfairly spilled over onto her separate tax charges. Both appealed the denial of severance.
IssueFree
Whether a trial court's denial of a severance motion will be overturned absent a showing by the defendant that the denial resulted in actual prejudice.