Hamilton County, Ohio s2

«header» HAMILTON COUNTY, OHIO

State of Ohio : CASE NO.: «casenumber» PLAINTIFF : JUDGE: «judge» -vs- : «defendant» : MOTION FOR SEPARATE TRIALS DEFENDANT :

Now comes the Defendant, «defendant», by and through the undersigned counsel, and

pursuant to Crim.R. 14, requests this Court to grant a separate trial as to the charges pending

herein.

In support of this request the Defendant states that trial together of these charges would

result in prejudice to the Defendant. The Defendant further states that these charges involve

offenses and dates that are unrelated and the interests of justice require a separate trial as to each.

In State v. Garrett, The Twelfth Appellate District held that the joinder of offenses solely

because they are of a same or similar character creates a greater risk of prejudice to the defendant

and the benefits from consolidation are reduced because unrelated offenses typically involve

different times, locations and witnesses. State v. Garrett, 12th Dist. No. CA2008-08-075, 2009-

Ohio-5422. “The admissibility of other acts evidence is carefully limited because of the

substantial danger that the jury will convict the defendant solely because it assumes that the

defendant has a propensity to commit criminal acts, or deserves punishment . . .” Id. at 17, citing

Drew v. United States, 331 F.2d 85, 91, 118 U.S. App. D.C. 11 (C.A.D.C. 1964). The danger of

prejudicing the jury against the Defendant is particularly high when the other acts are very

similar to the charged offense. Id. Crim.R. 8(A) permits joinder if two or more offenses could be charged in the same indictment, information or complaint. The two charges against «lastname» could not have been charged in the same complaint as they were from two separate days.

{FILL IN APPLICABLE FACTS}

Joinder of these two cases would result in unfair prejudice against «lastname». Further, these two charges are unrelated and could not have been charged in the same information, indictment or complaint. Therefore, pursuant to Crim.R. 14 the two cases against «lastname» should be severed.

Respectfully Submitted,

______«attorney», # «osc_number» Attorney for Defendant «address1» «city», «state» «zip» «phone»

CERTIFICATE OF SERVICE

I hereby certify that a copy of this document was served upon the Hamilton County Prosecutor/City of Cincinnati Prosecutor on ______by:

 Ordinary Mail  Fax  Hand Delivery  Dedicated Drop Box

______Attorney for Defendant