ABSTRACT

The leading federal case on joinder is United States v. Foutz (1976), where a successful appeal was made on the grounds of prejudice under Rule 14 of Federal Rules of Criminal Procedure. The federal rule recognizes three pos­ sible types of prejudice to a defendant in a joined trial: (1) jurors may confuse the evidence presented in proof of different charges; (2) jurors may incor­ rectly combine or accumulate the evidence they are presented; and (3) jurors may inappropriately infer that the defendant has a criminal disposition.