08 24 MOTION FOR SEVERANCE OF DEFENDANTS FOR PREJUDICE

• Library: Arkansas Form Book - Complete (2023 Ed.)

08-24 MOTION FOR SEVERANCE OF DEFENDANTS FOR PREJUDICE

[CAPTION] MOTION FOR SEVERANCE OF DEFENDANTS FOR PREJUDICE

Defendant moves for severance of defendants in this case, and [he/she] states as follows:

1. Defendant and [number of co-defendants] others, [co-defendant A] and [co-defendant B, etc.], are charged in the same information with the crime[s] of [offense/s], alleged to be in violation of [statute]. A jury trial is scheduled for [all] [both] defendants on [date of trial].

[2. Defendant invokes [his/her] right to a speedy trial[, and [he/she] does not assent to or acquiesce in continuance motions of any co-defendant]. Ark. R. Crim. P. 22.3(b)(i).]

[3. A severance is required in this case to insure that Defendant will receive a fair determination of [his/her] guilt or innocence because [he/she] would be prejudiced by trial with [his/her] co-defendant[s] because [specify prejudice; see note 3]. Ark. R. Crim. P. 22.3(b)(i).]

[4]. Therefore, failure to sever will violate Defendant's right to a fair trial and due process, including a fair ability to defend, in violation of the Sixth and Fourteenth Amendments to the U.S. Constitution; Ark. Const., art. 2, §§ 7, 8 & 10; or all.

[SIGNATURE BLOCK]

[CERTIFICATE OF SERVICE] NOTES

1. Severance can be granted for two general grounds under Ark. R. Crim. P. 22.3, and this form only deals with Rule 22.3(b).

2. Note that prejudice must be specifically shown by the defendant, and it must be shown in ¶ 3, and there is an alternative claim of pretrial publicity under Rule 22.3(b)(i-ii).

3. As for the required showing of prejudice, see, e.g., Echols v. State, 326 Ark....