Legal Opinion
United States v. Smirnoff
District Court, M.D. Alabama
Decided April 17, 2019No. CRIMINAL ACTION NO. 2:18cr419-MHT (WO)Published
1Opinion of the Court
Myron H. Thompson, UNITED STATES DISTRICT JUDGE
A single indictment charges defendant Michael Brandon Smirnoff with using unreasonable force, in violation of 18 U.S.C. § 242, during two separate arrests that he carried out in 2016 and 2015 as a city police officer. Count One alleges a March 2016 incident, and Count Two a July 2015 incident. Smirnoff moved to sever the two counts, arguing that he would be substantially prejudiced by a joint trial on both. His sole asserted ground for severance is that he "must" testify as to Count Two, but "must not" as to Count One. Motion to Sever (doc. no.…
2Cases cited23 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- United States v. Orange Jell BeechumCourt of Appeals for the Fifth Circuit · 1978
- United States v. MillerCourt of Appeals for the Seventh Circuit · 2012
- Von Clark Davis v. Ralph Coyle, WardenCourt of Appeals for the Sixth Circuit · 2007
- United States v. John Wayne Cardwell, United States of America v. Leo HinsonCourt of Appeals for the Fourth Circuit · 2005
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