Legal Opinion

State v. Barnes

Court of Appeals of South Carolina

Decided August 16, 2017No. Opinion No. 5509Published

1Opinion of the Court

I

Barnes first contends the trial court abused its discretion in denying his motion to sever his trial from Young's. Denial of a severance motion is an abuse of discretion if unsupported by the evidence or controlled by an error of law. State v. Spears , 393 S.C. 466, 475, 713 S.E.2d 324, 328 (Ct. App. 2011).

Codefendants in a murder case are not automatically entitled to separate trials. State v. Kelsey , 331 S.C. 50, 73, 502 S.E.2d 63, 75 (1998). They are entitled to a severance "only when there is a serious risk that a joint trial would compromise a specific trial right of a codefendant or…

2Cases cited20 opinions

  1. Bruton v. United StatesSupreme Court of the United States · 1968
  2. Zafiro v. United StatesSupreme Court of the United States · 1993
  3. Schneble v. FloridaSupreme Court of the United States · 1972
  4. Williamson v. United StatesSupreme Court of the United States · 1994
  5. State v. BaccusSupreme Court of South Carolina · 2006

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