FRCP - Joinder of Offenses & Defendants Flashcards Preview

Texas Criminal Law Specialization Exam > FRCP - Joinder of Offenses & Defendants > Flashcards

Flashcards in FRCP - Joinder of Offenses & Defendants Deck (13)
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1

Which rule is joinder of offenses or defendants?

Rule 8

2

Which offense may be joined?

Rule 8
1. Offenses of same or similar character;
2. Same act or transaction;
3. Common scheme or plan.

3

Which D may be joined?

Rule 8
1. Same act or transaction;
2. Same series of acts or transactions;

All D need not be on EACH Count
D cannot be the only link between Counts

4

How do you severe?

File Rule 18 or 12 Motion to Sever
Most common reason "indictment infers criminal propensity"

5

What is the review for severance?

Joiner of Counts proper UNLESS "substantial prejudice by miscarriage of justice"

6

Joinder of D at trial...

Gov't doesn't have to provide evidence of proper joinder at trial

7

Joining unrelated D

EVERY D must have participated with EVERY other D

8

Bad Faith Conspiracy allegation by Gov't

D must still show prejudice

9

Can you prove "misjoinder" at trial?

No, trial evidence cannot be used to prove misjoinder

10

What is "Duplicity"?

charging multiple crimes in one count PROHIBITED

11

What is "Multiplicity"?

charging one offense in multiple counts PROHIBITED

12

How do you respond to "Duplicity"?

File a Motion to Elect under Rule 12(b)
!!Failure to renew at close of Gov't case waives!!

13

How do you respond to "Multiplicity"?

1. File Motion to Consolidate under Rule 12(b)
2. File Motion to Strike under Rule 7(d)
3. Make Motion to Elect at close of case
!!Failure to renew at close of Gov't case waives!!