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QUALLEY v. STATE

Nos. PD-1976-04, PD-1971-04.

206 S.W.3d 624 (2006)

Veronica Dawn QUALLEY and Sonny Dale Moore, Appellants, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

May 24, 2006.

Attorney(s) appearing for the Case

M. Michele Greene, Odessa, for appellants.

Frank D. Brown, District Attorney, Fort Stockton, Matthew Paul, State's Attorney, Austin, for state.

PER CURIAM.

These cases raise questions about how to evaluate the "prejudice" requirement for granting a severance of defendants. Because we conclude that the existence of "antagonistic defenses" does not by itself demonstrate prejudice, we reverse the judgment of the Court of Appeals.

I. BACKGROUND

A. Events Giving Rise to the Prosecution

Whisper Cheyann Lynd, the victim, was the two-year-old daughter of appellant Qualley. Appellant Moore...

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