Motion to dismiss criminal2/16/2024 ![]() The court must sever defendants during trial, with the defendant's consent or on a finding of manifest necessity, if the court determines severance is necessary to fairly determine the guilt or innocence of one or more of the defendants. (3) Severance of Defendants During Trial. (b) a joint trial at which the statement is only received in evidence after all references to the defendant have been deleted, if the statement's admission with the deletions will not prejudice the defendant or (a) a joint trial at which the statement is not received in evidence If so, the court must require the prosecutor to elect one of the following options: On a defendant's motion for severance from a codefendant because a codefendant's out-of-court statement refers to but is not admissible against the defendant, the court must determine whether the prosecutor intends to offer the statement as evidence during its case in chief. (2) Severance from Codefendant because of Codefendant's Out-of-Court Statement. ![]() ![]() (c) during trial, with the defendant's consent or on a finding of manifest necessity, the court determines severance is necessary to fairly determine the defendant's guilt or innocence of each offense or charge. (b) before trial, the court determines severance is appropriate to promote a fair determination of the defendant's guilt or innocence of each offense or charge or (a) the offenses or charges are not related On motion of the prosecutor or the defendant, the court must sever offenses or charges if: ![]()
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