California, United States of America
The following excerpt is from People v. Roots, C061656, Super. Ct. No. SF107537A (Cal. App. 2011):
"Refusal to sever on a defendant's motion might be an abuse of discretion where '(1) evidence on the crimes to be jointly tried would not be cross-admissible in separate trials; (2) certain of the charges are unusually likely to inflame the jury against the defendant; (3) a "weak" case has been joined with a "strong" case, or with another "weak" case, so that the "spillover" effect of aggregate evidence on several charges might well alter the outcome of some or all; and (4) any one of the charges carries the death penalty.' [Citations.] [] On appeal, we examine the ruling on the record in which it was made. [Citation.] 'The burden of demonstrating that . . . denial of severance was a prejudicial abuse of discretion is upon him who asserts it . . . .' [Citation.] A party seeking severance must 'clearly establish that there is a substantial danger of prejudice requiring that the charges be separately tried.' [Citation.]" (People v. Davis (1995) 10 Cal.4th 463, 508.)
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