Section 12.14 Defendants

• Library: Criminal Practice 2012 Supp

1. (§12.14) Defendants

Rule 23.06 allows joinder of defendants when “they are alleged to have participated in the same act or transaction or in the same series of acts or transactions.” They may be charged in one or more counts separately or together, and all defendants do not need to be charged in each count. The state does not have to jointly charge defendants or offenses and may charge them separately even if properly joinable. State v. Lincoln, 482 S.W.2d 424 (Mo. 1972).

See also Chapter 4 of this deskbook; § 545.140.1, RSMo 2000. Section 545.140.3 provides that defendants shall not be charged jointly if substantial prejudice results. “[S]ubstantial prejudice” means “bias or discrimination against one or more defendants or the state which is actually existing or real” and not “merely imaginary, illusionary or nominal.” Section 545.140.3. A motion for severance could be sought because of misjoinder.

Rule 24.06(b) provides that jointly charged defendants shall be tried together...