Arkansas

Criminal Procedure

Rule 22.4 – Failure to Prove Grounds for Joinder of Defendants

If a defendant moves for severance at the conclusion of the prosecution’s case or of all the evidence, and there is not sufficient evidence to support the allegation upon which the moving defendant was joined for trial with the other defendant or defendants, the court shall grant a severance if, in view of this lack of evidence, severance is deemed necessary to achieve a fair determination of that defendant’s guilt or innocence.

Ark. R. Crim. P. 22.4