Pre-Trial: Joinder & Venue (Joinder (Multiple Offenses (A defendant…
Pre-Trial: Joinder & Venue
When It Works
If the attorney proves that the trial would be a media circus.
Rebuttable presumption that no juror can remain impartial, based on the particular venue.
The criminal defendant does not waive a challenge to venue if she fails to object during trial.
When It Fails
Venue may be "proper," even if the crime did not occur in the jurisdiction (gun offense during kidnapping).
U.S. v. Rodriguez -Moreno
A defendant may be charged with two or more offenses if they are of the same or similar character, or are based on the same act or transaction, or are connected with or constitute parts of a common scheme or plan.
Multiple defendants may be charged together if they are alleged to have participated in the same act or transaction, or in the same series of acts or transactions, constituting an offense or offenses.
When "prejudice" exists, joined counts or defendants must be severed.
The defendant would not be confounded or embarrassed if the charges were joined.
The probative value of the evidence substantially outweighs prejudice to the defendant.
A joint trial would not result in the jury using evidence of one of the crimes to infer propensity on the part of defendant to commit the other crime.
The evidence would not be cumulative or confusing to the jury if considered in a single trial.
The evidence for each offense would be admissible for the other in separate trials.
State v. Reldan
Jury would transfer evidence from one defendant to another, making it easier to convict co-defendants (than if the charges were tried separately).
Bruton v. U.S.
There is no presumption of prejudice when the evidence of one count was inadmissible on the other charge and should not have been admitted in the joint trial.