(a)Offenses. – If it appears that a defendant or the state is prejudiced by a joinder of offenses in an indictment or information or by such joinder for trial together, the court may order an election or separate trials of the counts or provide whatever other relief justice requires. In ruling on a motion by a defendant for severance the court may order the attorney for the state to deliver to the court for inspection in camera any statements or confessions made by the defendant or other relevant information which the state intends to introduce in evidence at the trial. (b)Defendants. – If the joinder of defendants in an indictment, an information, or a consolidation for trial appears to prejudice a defendant or the State, the Court may sever the defendants’ trials, or provide whatever other relief that justice requires. If it appears that a defendant or the state is prejudiced by a joinder of defendants in a misdemeanor indictment or information, the court may order separate trials of the defendants. In ruling on a motion by a defendant for severance in a misdemeanor case, the court may order the attorney for the state to deliver to the court for inspection in camera any statements or confessions made by the defendants or other relevant information which the state intends to introduce into evidence at the trial.
W.Va. R. Crim. P. 14
Effective March 29, 1981; amended effective March 29, 2006.
