Suddenly Relevant and Significant Opinion . . . .from 1973

by: Ryan • March 31, 2016 • no comments

If, however, a case goes to trial and the evidence establishes that the charges are not properly joined, then either: (1) the improperly joined charges should be dismissed at the defendant's motion so that they can be the basis of a separate, later trial, see, State v. Clipston, 3 Or. App. 313, 473 P.2d 682 (1970); or (2) if the jury has possibly been unduly influenced by the evidence received concerning the improperly joined charges, then the only remaining procedure is for the defendant to move for a mistrial.[3]

State v. Sanchez, 14 Or. App. 234, 511 P.2d 1231 (1973)