spillover theory

spillover theory. The principle that a severance must be granted only when a defendant can show that trial with a codefendant would substantially prejudice the defendant’s case, as when the jury might wrongly use evidence against the defendant. See BRUTON ERROR. [Cases: Criminal Law 622.2(8). C.J.S. Criminal Law §§ 570–571.] “The spillover theory involves the […]

The principle that a severance must be granted only when a defendant can show that trial with a codefendant would substantially prejudice the defendant’s case, as when the jury might wrongly use evidence against the defendant. See BRUTON ERROR. [Cases: Criminal Law 622.2(8). C.J.S. Criminal Law §§ 570–571.]