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Does anyone know where the State's ability to join defendants is codified or spelled out in case law? I've searched Sections 3 - 7 of the Penal Code and found a few near hits. Section three allows joinder of offenses against the same defendant.

Also, if the State joins the co-defendants successfully, can the defense justify severance for any reasons other than: (1) inconsistent defenses or (2) prior convictions that could be used against the other for impeachment?
 
Posts: 23 | Registered: July 23, 2007Reply With QuoteReport This Post
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Check out:
CCP 36.09 and Qualley v. State, 206 S.W.3d 624, 636 (Tex. Crim. App. 2006).
 
Posts: 146 | Location: Dallas, Texas USA | Registered: November 02, 2001Reply With QuoteReport This Post
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You rock!
 
Posts: 23 | Registered: July 23, 2007Reply With QuoteReport This Post
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KSchaefer does indeed.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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anytime . . .
 
Posts: 146 | Location: Dallas, Texas USA | Registered: November 02, 2001Reply With QuoteReport This Post
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Does anyone have a sample motion to use?
 
Posts: 52 | Location: 21st District | Registered: September 06, 2012Reply With QuoteReport This Post
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