California, United States of America
The following excerpt is from People v. Garcia, E057421 (Cal. App. 2014):
Next we consider whether some of the gang charge was unusually likely to inflame the jury against defendant. The burden of demonstrating that consolidation or denial of severance was a prejudicial abuse of discretion is upon him who asserts it; prejudice must be proved, and a bald assertion of prejudice is not enough. (People v. Balderas (1985) 41 Cal.3d 144, 171 [severance of counts involving one victim from those involving another].) Defendant does not point to any particularly inflammatory evidence other than "the usual litany of violent criminal acts committed by people other than [defendant]."
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