§ 35-34-1-11 — Severance of offenses or separate trial of defendants joined

Indiana § 35-34-1-11

• Jurisdiction: Indiana
• Art. 34: BRINGING CRIMINAL CHARGES
• Ch. 1: Indictment and Information

Text

(a) Whenever two (2) or more offenses have
been joined for trial in the same indictment or information solely on the
ground that they are of the same or similar character, the defendant
shall have a right to a severance of the offenses. In all other cases the
court, upon motion of the defendant or the prosecutor, shall grant a
severance of offenses whenever the court determines that severance is
appropriate to promote a fair determination of the defendant's guilt or
innocence of each offense considering:
(1) the number of offenses charged;
(2) the complexity of the evidence to be offered; and
(3) whether the trier of fact will be able to distinguish the
evidence and apply the law intelligently as to each offense.
(b) Whenever two (2) or more defendants have been joined for trial
in the same indictment or information and one (1) or more defendants
move for a separate trial because another defendant has made an
out-of-court statement which makes reference to the moving defendant
but is not admissible as evidence against him, the court shall require
the prosecutor to elect:
(1) a joint trial at which the statement is not admitted into
evidence;
(2) a joint trial at which the statement is admitted into evidence
only after all references to the moving defendant have been
effectively deleted; or
(3) a separate trial for the moving defendant.
In all other cases, upon motion of the defendant or the prosecutor, the
court shall order a separate trial of defendants whenever the court
determines that a separate trial is necessary to protect a defendant's
right to a speedy trial or is appropriate to promote a fair determination
of the guilt or innocence of a defendant.
(c) The court may order the prosecutor to disclose in camera any
information concerning statements made by the defendants which the
prosecutor intends to introduce in evidence at the trial if this
information would assist the court in ruling on a motion for a separate
trial.
As added by Acts 1981, P.L.298, SEC.3.