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· 10/5/2023

DiFranco v. Fallon

Citations

  • 228 N.E.3d 410
  • 2023 IL App (1st) 220785

Oral argument

Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that in order to harmonize Fed. R.Crim. Pro. 8 and Fed. R.Crim. Pro. 52(a) an error involving misjoinder “requires reversal only if the misjoinder results in actual prejudice.”
  • holding that federal harmless error rule 52(a) applies to violation of joinder rules and does not distinguish between types of error
  • holding that misjoinder of defendants for trial, in violation of Federal Rule of Criminal Procedure 8(b), is reviewable for harmlessness, and rejecting argument that such an error is per se prejudicial
  • holding that misjoinder of defendants for trial, in violation of Federal Rule of Criminal Procedure 8(b), is renewable for harmlessness, and rejecting argument that such an error is per se prejudicial
  • recognizing that joint trials “conserve state funds, diminish inconvenience to witnesses and public authorities, and avoid delays in bringing those accused of crime to trial”
  • holding that misjoinder of defendants for trial, in violation of Federal Rule of Criminal Procedure 8(b), is reviewable for harmless- ness, and rejecting argument that such an error is per se prejudicial

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.