545.885. Joint trials for persons jointly charged — exceptions — substantial prejudice defined. — 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.
Notes of Decisions
Cited in
38
cases (
1 in the last 5 years), 1966–2021 · leading case:
State v. Love, 293 S.W.3d 471 (Mo. Ct. App. 2009).
State v. Love, 293 S.W.3d 471 (Mo. Ct. App. 2009).
· cites it 6× “The issue of severance is governed by Section 545.885 and Rule 24.07. *477 Rule 24.”
State v. Walker, 639 S.W.2d 854 (Mo. Ct. App. 1982).
· cites it 11× “” At the time of trial in this case § 545.885 RSMo Supp.1981, as amended, had become effective.”
State v. Johnson, 753 S.W.2d 576 (Mo. Ct. App. 1988).
· cites it 8× “The statute pertinent to the second component is § 545.885, RSMo 1986. That section was enacted in its existing form in 1984.”
State v. Williams, 652 S.W.2d 102 (Mo. 1983).
· cites it 2× “The legislation was entitled: "An Act to repeal sections 545.885, 558.016, 558.026, 565.012, 566.”
State v. Wright, 30 S.W.3d 906 (Mo. Ct. App. 2000).
· cites it 3× “Section 545.885 RSMo 1994; State v. Shubert, 747 S.”
State v. Clark, 729 S.W.2d 579 (Mo. Ct. App. 1987).
· cites it 3× “Defendant relies on § 545.885 RSMo 1986 which provides, inter alia, that the court may grant a severance “upon a particularized showing of substantial prejudice.”
State v. Morant, 758 S.W.2d 110 (Mo. Ct. App. 1988).
· cites it 3× “Section 545.885(2) provides for severance as follows: If it appears that a defendant or the state is substantially prejudiced by a join-der of the offenses for trial, upon a written motion of the defendant or the state and upon a particularized showing of substantial prejudice,…”
State v. White, 755 S.W.2d 363 (Mo. Ct. App. 1988).
· cites it 3× “Section 545.885(2) provides as follows: If it appears that a defendant or the state is substantially prejudiced by a join-der 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…”
State v. Harris, 705 S.W.2d 544 (Mo. Ct. App. 1986).
· cites it 3× “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.”
State v. Scott, 548 S.W.3d 351 (Mo. Ct. App. 2018).
· cites it 2× “Severance is governed by § 545.885 and Rule 24.07. Love , 293 S.W.”
State v. Kelley, 953 S.W.2d 73 (Mo. Ct. App. 1997).
· cites it 2× “In pertinent part, § 545.885 states: "1. Notwithstanding Missouri supreme court rule 24.”
State v. Bird, 1 S.W.3d 62 (Mo. Ct. App. 1999).
· cites it 6× “Section 545.885 RSMo. (1994) 4. Joinder of these offenses would result in substantial prejudice to defendant because the jury would likely consider evidence of guilt on one charge as evidence of guilt on another charge.”
Mo. Rev. Stat. § 545.885(2): 5 cases
State v. Morant, 758 S.W.2d 110 (Mo. Ct. App. 1988).
“Section 545.885(2) provides for severance as follows: If it appears that a defendant or the state is substantially prejudiced by a join-der of the offenses for trial, upon a written motion of the defendant or the state and upon a particularized showing of substantial prejudice,…”
State v. White, 755 S.W.2d 363 (Mo. Ct. App. 1988).
“Section 545.885(2) provides as follows: If it appears that a defendant or the state is substantially prejudiced by a join-der 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…”
State v. Clark, 729 S.W.2d 579 (Mo. Ct. App. 1987).
“Defendant relies on § 545.885 RSMo 1986 which provides, inter alia, that the court may grant a severance “upon a particularized showing of substantial prejudice.”
State v. Harris, 705 S.W.2d 544 (Mo. Ct. App. 1986).
“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.”
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