Joinder and Severance of Defendants
Two or more D’s charged with same offense or with offenses arising out of the same course of conduct
Problem:      i.  “spillover” taking evidence from one D and applying to another
ii.  may consider greater evidence against one # to use as culpability for all
Schaffer – allowed to stay joined even though the conspiracy count fell; held no prejudice; court points out still need evidence for each individual transaction and defendant
Antagonistic defenses are even ok … feds really like to try D’s together!
Confessions
Bruton – a co-defendant’s confession naming other D as participant is too prejudicial, risk jury can’t separate that out (so can either redact references to other D or hold separate trials)
Gray – redacted references to others in confession were still obvious … in essence, was an admission of a confession and USSC said too prejudicial