Byrd Affidavit – in criminal cases, a defendant’s affidavit in support of a motion to sever on the grounds that a codefendant will give exculpatory testimony for the defendant

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Byrd affidavit:
(1984)

1. Criminal procedure. A defendant’s affidavit in support of a motion to sever on the grounds that a codefendant will give exculpatory testimony for the defendant.  *  The affidavit must show

(1) a bona fide need for the testimony,
(2) the substance of the testimony,
(3) its exculpatory nature, and
(4) that the codefendant would actually testify if the cases were severed.

See Byrd v. Wainwright, 428 F.2d 1017 (5th Cir. 1970). [1]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

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