What is the burden of proving prejudice from a joinder of the charges arising from two incidents?
California, United States of America
The following excerpt is from People v. Luna, G050272 (Cal. App. 2014):
strong case or another weak case so that the total evidence may alter the outcome of some or all of the charges.'" (Alcala, supra, 43 Cal.4th at pp. 1220-1221.) "To discharge his burden of showing prejudice from the joinder of the charges arising from the two incidents, defendant must show that one of the charged offenses was substantially more inflammatory than the other or was supported by significantly stronger evidence. [Citation.]" (People v. Elliott (2012) 53 Cal.4th 535, 553.)
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