What is the burden of establishing that a defendant has a substantial danger of prejudice requiring that charges be separately tried?
California, United States of America
The following excerpt is from People v. Kenniston, D063901 (Cal. App. 2014):
Having concluded joinder was proper, as noted ante, the burden shifted to defendant to "'clearly establish that there is a substantial danger of prejudice requiring that the charges be separately tried.'" (See People v. Sandoval, supra, 4 Cal.4th at p. 172.) Defendant has not met this burden.
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