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← Severance & Joinder Motion Pack

Federal CDs in multi-defendant cases where a co-defendant's out-of-court statement names or clearly implies the client.

Motion to Sever — Bruton Redaction Failure (Co-Defendant Statement)

Severance motion when a co-defendant's statement implicates your client and cannot be adequately redacted for a joint trial. Bruton v. United States doctrine.

File the severance motion forcing the government to choose: redact so completely that the statement loses evidentiary value, or try defendants separately.

“Merely replacing the defendant's name with a blank space or the word 'deleted' does not constitute a sufficient redaction.”

Jessica Smith, The Bruton Rule: A Primer, UNC School of Government — North Carolina Criminal Law (Aug. 6, 2012)(opens in new tab)
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What this template gives you that generic boilerplate severance language does not.
  1. 01.

    Richardson v. Marsh (1987) narrowed Bruton to facially incriminating statements — this template briefs the line between redactable and non-redactable.

  2. 02.

    Gray v. Maryland (1998) held that obvious deletions (replacing the name with 'deleted') still violate Bruton — a lever courts miss.

  3. 03.

    Prejudice theory: the jury cannot be instructed to ignore a co-defendant's confession that directly names your client.

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Bruton Redaction-Fail Severance — Case details

Motion PDF delivered here. Stripe checkout uses this address.

Do not enter the actual client name. Use any internal identifier — BenchRecon never needs the real name.

Stamps the motion cover and informs which circuit's prejudice standard applies.

Billing entity — rendered on the motion cover and included on the invoice when provided.

Privilege handling

Intake data is stored under attorney work-product principles. BenchRecon does not access the intake payload outside of motion generation. Do not enter privileged client communications, defense strategy, or identifying details — submit only the case parameters this form requests.

Charged after you submit. 7-day full refund.

Frequently asked questions.

What does the motion contain?

Eight sections: cover (your case identifier + jurisdiction stamped on), prejudice-theory analysis, the lead authority's verbatim holding with source URL, attaching-precedent citations (Richardson / Gray / Zafiro / Opper), the pre-drafted motion language (~250 words editable), reply-brief framework anticipating the government's preference for joint trials, circuit-specific prejudice-standard overlay, and the methods + source URLs bibliography.

Is this legal advice?

No. The template is a pre-trial litigation aid modeled on the published constitutional authority for federal severance motions. Counsel of record adapts the motion language to the controlling circuit's doctrine and the facts of the case before filing.

How fast is delivery?

Stripe checkout completes in seconds; the PDF is emailed to the address you provide. Templates are pre-built — there is no per-case data pipeline running.

Do you cite anything I cannot independently verify?

No. Every citation carries a source URL stored alongside. Lead authorities are Bruton v. United States 391 U.S. 123 (1968), Richardson v. Marsh 481 U.S. 200 (1987), Gray v. Maryland 523 U.S. 185 (1998), and Zafiro v. United States 506 U.S. 534 (1993). All public-domain, verified during Phase B template authorship per the no-hallucinated-legal-data rule.

Refund policy?

7-day full refund, no questions asked.

Bruton Redaction-Fail Severance | BenchRecon — BenchRecon