Description

Section 23.2 describes the strategic variables that counsel should consider in deciding whether to challenge joinder of counts. Sections 23.3 and 23.4 then examine the motions that counsel can file to obtain dismissal or a severance on grounds of misjoinder and to obtain a severance on the grounds that the joinder, although technically valid, is prejudicial to the defendant. Section 23.5 discusses motions for consolidation. The considerations that might lead defense counsel to favor or oppose a joint trial are listed in § 23.7 infra. As the discussion there indicates, it will usually be in the defendant’s interest to seek a severance from joined codefendants. Challenges to the misjoinder of defendants are described in § 23.8 infra. Section 23.9 takes up the constitutional, statutory, and common law grounds for severance by reason of prejudicial (although technically permissible) joinder. Section 23.10 concludes by examining defense motions for consolidation of defendants.

First Page

764

Source Publication

Trial Manual 11 for the Defense of Criminal Cases

Source Editors/Authors

Anthony G. Amsterdam, Randy A. Hertz

Publication Date

2026

Document Type

Chapter

Edition

11

Rights & Restrictions

CC BY-NC-ND 4.0, https://creativecommons.org/licenses/by-nc-nd/4.0/

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