GA 17-8-4 - GA 17-8-4

Separate Trials Severance not constitutional right. - While, as a general matter, courts should grant severance whenever it appears necessary to achieve a fair determination of the guilt or innocence of a defendant, severance is not a constitutional right. Glover v. State, 188 Ga. App. 330 , 373 S.E.2d 39 (1988). Considerations by court in exercising discretion. - Considerations for the court in exercising the court's discretion on a motion to sever are: whether the number of defendants will create confusion of the evidence and law applicable to each individual defendant; whether there is a danger that evidence admissible against one defendant will be considered against another despite the admonitory precaution of the court; and whether the defenses of the defendants are antagonistic to ea...