Wyo. R. Crim. P. 14 (2026)

Rule 14. Relief from Prejudicial Joinder. If it appears that a defendant or the state is prejudiced by a joinder of offenses or of defendants in an indictment, information or citation, or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance, the court may order the attorney for the state to deliver to the court for inspection in camera any statements or confessions made by the defendants which the state intends to introduce in evidence at the trial.

Compare. — Rule 14, Fed. Rules Cr. Proc. trial of each offense. Tabor v. State, 616 P.2d Joinder generally permitted. — As a gen- 1282, 1980 Wyo. LEXIS 306 (Wyo. 1980). eral rule, defendants can be indicted or in- In order to determine whether a defendant is formed against together unless there are com- prejudiced by the joinder, the trial judge must pelling reasons for separate trials. Linn v. ascertain whether all of the evidence admis- State, 505 P.2d 1270, 1973 Wyo. LEXIS 139 sible in a joint trial would be admissible in (Wyo.), cert. denied, 411 U.S. 983, 93 S. Ct. separate trials on each of the charges; if it 2277, 36 L. Ed. 2d 959, 1973 U.S. LEXIS 2437 would be, then there is no prejudice. Hopkinson (U.S. 1973). v. State, 632 P.2d 79, 1981 Wyo. LEXIS 357 Joint trials of persons charged together with (Wyo. 1981), cert. denied, 455 U.S. 922, 102 S. committing the same offense or with being Ct. 1280, 71 L. Ed. 2d 463, 1982 U.S. LEXIS accessory to its commission are the rule, rather 698 (U.S. 1982). than the exception. There is a substantial pub- Severance becomes necessary where the lic interest in this procedure. It expedites the proof is such that a jury could not be expected to administration of justice, reduces the conges- compartmentalize the evidence as it relates to tion of trial dockets, conserves judicial time, separate defendants. Lee v. State, 653 P.2d lessens the burden upon citizens who must 1388, 1982 Wyo. LEXIS 409 (Wyo. 1982). sacrifice both time and money to serve upon And facts establishing lack of prejudice. juries, and avoids the necessity of recalling — The fact that the evidence presented at a witnesses who would otherwise be called upon joint trial could be separately introduced at to testify only once. Linn v. State, 505 P.2d trials for the separate offenses establishes the 1270, 1973 Wyo. LEXIS 139 (Wyo.), cert. de- lack of prejudice. Tabor v. State, 616 P.2d 1282, nied, 411 U.S. 983, 93 S. Ct. 2277, 36 L. Ed. 2d 1980 Wyo. LEXIS 306 (Wyo. 1980). 959, 1973 U.S. LEXIS 2437 (U.S. 1973). A defendant is not entitled to severance Joint trials of defendants charged with merely because the evidence against a codefen- committing same offense are the rule dant is more damaging than the evidence rather than the exception. Joint trials serve the against him. Lee v. State, 653 P.2d 1388, 1982 public interest by expediting the administra- Wyo. LEXIS 409 (Wyo. 1982). tion of justice, reducing docket congestion, con- There must be compelling reasons for serving judicial time as well as that of jurors separate trials. — Jasch v. State, 563 P.2d along with avoiding the recall of witnesses to 1327, 1977 Wyo. LEXIS 247 (Wyo. 1977). duplicate their performances. Jasch v. State, The grant or denial of severance is a 563 P.2d 1327, 1977 Wyo. LEXIS 247 (Wyo. matter of discretion with the trial court and 1977); Lee v. State, 653 P.2d 1388, 1982 Wyo. will not be reversed except for clear abuse of LEXIS 409 (Wyo. 1982). such discretion. Dobbins v. State, 483 P.2d 255, There is always possibility of prejudice 1971 Wyo. LEXIS 210 (Wyo. 1971); Hopkinson resulting from joinder of similar offenses v. State, 632 P.2d 79, 1981 Wyo. LEXIS 357 and care must be taken at the initial stage of (Wyo. 1981), cert. denied, 455 U.S. 922, 102 S. the proceedings to guard against such a possi- Ct. 1280, 71 L. Ed. 2d 463, 1982 U.S. LEXIS bility. Tabor v. State, 616 P.2d 1282, 1980 Wyo. 698 (U.S. 1982); Lee v. State, 653 P.2d 1388, LEXIS 306 (Wyo. 1980). 1982 Wyo. LEXIS 409 (Wyo. 1982). Prejudice weighed against judicial In determining whether a defendant is preju- economy. — In determining whether or not to diced by a joinder, deference is given to a trial grant a severance, the trial court must weigh judge’s rulings as to the admissibility of evi- the prejudice caused by joinder against the dence; as long as there is some reasonable basis economy and expedition in judicial administra- for his conclusions, the Supreme Court will not tion provided by joinder. Lee v. State, 653 P.2d second-guess him on appeal. Hopkinson v. 1388, 1982 Wyo. LEXIS 409 (Wyo. 1982). State, 632 P.2d 79, 1981 Wyo. LEXIS 357 (Wyo. And consideration in guarding against 1981), cert. denied, 455 U.S. 922, 102 S. Ct. prejudice. — In guarding against the preju- 1280, 71 L. Ed. 2d 463, 1982 U.S. LEXIS 698 dice resulting from a joinder of similar offenses, (U.S. 1982). one of the prime considerations is whether or The language in this rule is permissive; thus, not evidence relating to the similar offenses refusal to grant relief is discretionary and will charged would be admissible in the separate be reviewed under the court’s traditional

45 RULES OF CRIMINAL PROCEDURE Rule 15

abuse-of-discretion standards. Black v. State, tried separately. — A motion for severance of 869 P.2d 1137, 1994 Wyo. LEXIS 27 (Wyo. two burglary counts was properly denied where 1994). the evidence would have been the same had the And only reversed if clearly abused. — charges been tried separately and, therefore, Severance is a matter of discretion with the there was no prejudice in trying them jointly. trial judge and its denial is not subject to Bishop v. State, 687 P.2d 242, 1984 Wyo. LEXIS reversal unless clear abuse is shown. Jasch v. 310 (Wyo. 1984), cert. denied, 469 U.S. 1219, State, 563 P.2d 1327, 1977 Wyo. LEXIS 247 105 S. Ct. 1203, 84 L. Ed. 2d 345, 1985 U.S. (Wyo. 1977). LEXIS 998 (U.S. 1985). On a motion for severance the burden is Denial of defendant’s motion to sever was not on the movant to present facts demonstrating an abuse of discretion where the court had that prejudice will result from a joint trial, properly instructed the jury on the need to keep which in effect would be a denial of a fair trial. evidence on each count separate and where the Dobbins v. State, 483 P.2d 255, 1971 Wyo. defendant failed to make a showing of actual LEXIS 210 (Wyo. 1971). prejudice. Vargas v. State, 963 P.2d 984, 1998 Once the state on its motion makes a prima Wyo. LEXIS 105 (Wyo. 1998), reh’g denied, facie case warranting consolidation of the sepa- 1998 Wyo. LEXIS 124 (Wyo. Aug. 26, 1998). rate informations it is incumbent upon the Joinder of several offenses concealing defendant to come forward with facts and cir- stolen goods — burglary, murder, assault cumstances establishing wherein he will be — was proper because of their inter-relation prejudiced by a joint trial. Dobbins v. State, 483 (i. e., concealed guns played a prominent part in P.2d 255, 1971 Wyo. LEXIS 210 (Wyo. 1971); the murder and assault, the concealment of a Hopkinson v. State, 632 P.2d 79, 1981 Wyo. car and the burglary were connected with the LEXIS 357 (Wyo. 1981), cert. denied, 455 U.S. flight from the scene of the crime), and the trial 922, 102 S. Ct. 1280, 71 L. Ed. 2d 463, 1982 court did not abuse its discretion in denying a U.S. LEXIS 698 (U.S. 1982). motion to sever, the facts of the case being The burden is on the movant to present facts uncomplicated and the jury being specifically demonstrating that there is no reasonable basis instructed that each charge had to be consid- for the trial judge to deny the motion. Hopkin- ered separately. Pote v. State, 695 P.2d 617, son v. State, 632 P.2d 79, 1981 Wyo. LEXIS 357 1985 Wyo. LEXIS 445 (Wyo. 1985). (Wyo. 1981), cert. denied, 455 U.S. 922, 102 S. Court did not err in refusing to sever Ct. 1280, 71 L. Ed. 2d 463, 1982 U.S. LEXIS counts alleging delivery of drugs, where 698 (U.S. 1982). the evidence of separate offenses was not To find an abuse of discretion, the reviewing shown to be so complicated that the jury could court must find that the joinder caused either not separate and evaluate them. Dorador v. actual or threatened deprivation of one’s right State, 768 P.2d 1049, 1989 Wyo. LEXIS 41 to a fair trial. A defendant bears a heavy burden (Wyo. 1989). of showing real prejudice to his case and must Separate trials were not necessary show more than that he would have had a where the case was simple and uncomplicated better chance of acquittal with separate trials. and the jury could reasonably be expected to Hopkinson v. Shillinger, 645 F. Supp. 374, 1986 separate the charges and evaluate the evidence U.S. Dist. LEXIS 21918 (D. Wyo. 1986), aff’d in properly and individually on each separate part, 866 F.2d 1185, 1989 U.S. App. LEXIS 613 charge. Bell v. State, 994 P.2d 947, 2000 Wyo. (10th Cir. Wyo. 1989). LEXIS 4 (Wyo. 2000), reh’g denied, 2000 Wyo. Facts under which joinder proper. — See LEXIS 14 (Wyo. Feb. 8, 2000). Lee v. State, 653 P.2d 1388, 1982 Wyo. LEXIS Severance refused, despite evidence of 409 (Wyo. 1982). codefendant’s prior bad acts, where defen- Court properly joined two sexual assault of- dant not involved. — There did not occur fenses because the offenses were similar in prejudicial error in refusing to grant the defen- character and so related as to constitute parts dant a mistrial or a severance of his case for of a common scheme or plan. Defendant knew trial when the evidence of the prior bad acts on both victims, and in each instance, defendant the part of his codefendant was offered at the entered the home of the victim under the cover trial. It was clear from the record that the jury of darkness, told the victim he was there to could not have confused the two defendants or rape her, subdued her by force and demanded in any way concluded that the defendant had that she perform oral sex upon him. Lessard v. been involved in the prior bad acts. Seeley v. State, 2007 WY 89, 158 P.3d 698, 2007 Wyo. State, 715 P.2d 232, 1986 Wyo. LEXIS 503 LEXIS 96 (Wyo. 2007), overruled, Patterson v. (Wyo. 1986). State, 2025 WY 30, 565 P.3d 692, 2025 Wyo. Ordinarily an acquittal on a misjoined LEXIS 31 (Wyo. 2025). count cures the misjoinder. — Dobbins v. Severance denied where evidence State, 483 P.2d 255, 1971 Wyo. LEXIS 210 would have been same had charges been (Wyo. 1971).