CALIFORNIA CRIMINAL DEFENSE: JOINDER & SEVERANCE AT TRIAL
JOINDER AND SEVERANCE
The two murders here were properly joined, as being of the same class of crimes. Even properly joinable offenses must be severed, however, on a showing of prejudice.
There's a four-factor test: (1) would the evidence be cross-admissible?; (2) are some of the charges inflammatory?; (3) is a weak case being bolstered by being joined with a strong case or another weak case?; and (4) is one charge a capital charge?
This case focuses on the cross-admissibility issue. The California Supreme Court rules that there's enough of a showing that each of the murders establishes intent to permit one murder to be used to prove intent in the other murder.
There is an interesting concurring and dissenting opinion by Kennard.
People v. Soper; 2009 DJ DAR 2335; DJ, 2/20/09; Cal. Supremes
