JOINDER / RIGHT TO SPEEDY TRIAL

Question 1

joinder of offenses

Answer 1

indictment or information may charge Δ in separate counts with 2+ offenses if offenses charged (whether felonies or midemanors or both) are of same or similar character or based on same act or transaction or connected with or constitute parts of common scheme or plan

Question 2

joinder of Δs

Answer 2

indictment or information may charge 2+ Δs if alleged to have participated in same act or transaction or same series of acts or transactions constituting offense(s); Δs may be charged in 1+ counts together or separately; all Δs need not be charged in each count

Question 3

prejudicial joinder

Answer 3

if joinder of offenses or Δs in indictment, information, or
consolidation for trial appears to prejudice Δ or the gov’t, court may order separate trials of counts, sever Δs’ trials, or provide any other relief justice requires

Question 4

prejudice ex. / State v. Reldan holding

Answer 4

Δ may be prejudiced by admission of evidence against co-Δ of statement or confession made by that co-Δ; this prejudice can’t be dispelled by C/E if co-Δ doesn’t testify; limiting instructions may not erase prejudice; question on whether to grant severance generally left within discretion of trial court

State v. Reldan = the mere claim that prejudice attaches to consolidated trial of multiple charges is insufficient to justify severance

Question 5

right to speedy trial: 4 factors of violation (Barker v. Wingo)

Answer 5

1) length of delay; 2) reason for delay; 3) whether asserted Δ right; 4) prejudice

Question 6

speedy trial prejudice standard (3 factors)

Answer 6

1) oppressive pre-trial incarceration; 2) anxiety & concern of Δ; 3) impairment of abilitiy to present defense (most significant)