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Current as of January 01, 2023 | Updated by FindLaw Staff
1. Notwithstanding Missouri supreme court rule 24.07, whenever two or more offenses are jointly charged in an indictment or information, the court shall order both or all offenses to be tried together.
2. If it appears that a defendant or the state is substantially prejudiced by a joinder of the offenses for trial, upon a written motion of the defendant or the state and upon a particularized showing of substantial prejudice, the court may grant a severance of offenses or provide whatever relief justice requires. For purposes of this section, “substantial prejudice” shall mean a bias or discrimination against the defendant or the state which is actually existing or real and not one which is merely imaginary, illusionary or nominal.
3. Each defendant tried jointly under this section shall be entitled to peremptory challenges as set out in section 494.480.
4. The word “evidence”, as used in this section, shall not be construed to include evidence as to character or reputation.
Cite this article: FindLaw.com - Missouri Revised Statutes Title XXXVII. Criminal Procedure § 545.885. Joint trials for persons jointly charged--exceptions--substantial prejudice defined - last updated January 01, 2023 | https://codes.findlaw.com/mo/title-xxxvii-criminal-procedure/mo-rev-st-545-885/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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