NORTH CAROLINA — CRIMINAL PROCEDURE

Motion for Joinder or Severance of Defendants or Charges

G.S. 15A-926 (joinder of charges) · G.S. 15A-927 (joinder & severance of defendants) · Free. No account required.

SELECTED COUNTY

— Select above —

AUTO-FILL FROM CLIO

Connect cLAWde to auto-populate defendant, case number, county, and charges directly from your Clio matter in one click.

OPEN CLAWDE VERSION →

JOINDER VS. SEVERANCE

Prosecution favors joinder — one trial for multiple charges or defendants
Defense can oppose joinder and move to sever at any time before trial
Severance standard: defendant must show "manifest prejudice" from joint trial
State v. Boykin: antagonistic defenses can constitute manifest prejudice
If granted, each trial is separate — new jury, new evidence presentation

BRUTON ISSUES

Bruton v. United States, 391 U.S. 123 (1968)
A co-defendant's out-of-court confession that implicates your client cannot be admitted at a joint trial unless adequately redacted
Redaction that is transparently obvious (blank spaces, "the other person") does not cure the Bruton problem
Solution: sever the trials, or suppress the confession

STATUTORY REFERENCE

G.S. 15A-926Joinder of charges

G.S. 15A-927Joinder of defendants

G.S. 15A-927(c)Severance right

Bruton v. U.S.391 U.S. 123 (1968)

NEED AN ATTORNEY?

Joinder and severance strategy significantly affects trial outcomes — attorney strongly recommended
Barker Richardson, PLLC →