Also known as: separate trial · severance · severed trials
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism by which a court directs that one or more claims, issues, or defendants be tried apart from the remainder of the action. The order serves convenience, avoids prejudice, or promotes expedition and economy while preserving any federal right to jury trial.
Steven Silva and Sarah Sullivan held property as joint tenants. Sarah leased her interest to Silverline Industries. When Sarah died before the lease term ended, the court addressed the survivorship claim and the enforceability of the lease against the survivor. The separation allowed the court to determine that the lease terminated upon Sarah's death without affecting Steven's full ownership.
Stephen Shaw and Sebastian Santos faced indictment on several distinct conspiracy counts involving different groups of participants. The government introduced evidence of unrelated schemes that risked confusing the jury about each defendant's individual involvement. The court ordered separate trials on each conspiracy so the jury could evaluate the evidence against Shaw without spillover from the Santos-related transactions.
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Santiago Sanchez was tried with a codefendant. The court ordered separate trials to allow independent determination of whether Sanchez's own statements were voluntary.
Sabrina Shah and a codefendant were represented by the same attorney in a multi-defendant fraud prosecution. The attorney faced divided loyalties when cross-examination of one client could harm the other. The court ordered separate trials to eliminate the conflict and permit each defendant independent counsel focused solely on her defense.
Silverline Industries executives faced trial together on charges arising from the same alleged scheme. One executive's redacted confession still contained obvious references that pointed to the other. The court ordered separate trials to prevent the jury from using the confession against the non-confessing defendant in violation of confrontation rights.
Solstice Ventures and its officer were tried jointly on tax-related charges. The prosecutor sought to comment on the officer's post-arrest silence during the joint trial. The court ordered separate trials so the government could not use one defendant's silence to prejudice the corporate defendant or create improper inferences for the jury.
A court may order separate trials for convenience, to avoid prejudice, or to expedite and economize the proceedings. The decision rests in the sound discretion of the trial judge and may address individual claims, issues, or defendants.
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When a defendant elects separate trials on charges that could have been tried together, jeopardy does not attach in a way that bars subsequent trials on the remaining charges. The defendant's consent to severance defeats any later claim of issue preclusion.
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The court may order separate trials of counts, sever the defendants' trials, or provide any other relief that justice requires. The goal is to protect the defendant's right to a fair determination of guilt or innocence.
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…Brief for the National District Attorneys Association as amicus curiae , pp. 23-26. [^maj-66]: Miranda was also convicted in a separate trial on an unrelated robbery charge not presented here for review. A statement introduced at that trial was obtained from Miranda during the same interrogation which resulted in the confession…