What is the burden of severance when a party seeks to separate criminal charges from those of the other party?
California, United States of America
The following excerpt is from People v. Kenniston, D063901 (Cal. App. 2014):
Once criminal charges are properly joined, as in the instant case, the "'burden is on the party seeking severance to clearly establish that there is a substantial danger of prejudice requiring that the charges be separately tried.'" (People v. Soper (2009) 45 Cal.4th 759, 773.) To meet this burden, a defendant must show the ruling fell "'"'"'outside the bounds of reason.'"'"'" (Id. at p. 774.)
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