(a) Severance Generally.(1) Severance in Death Penalty Cases. The court shall order a severance of defendants in cases in which the State seeks the death penalty.(2) Severance in Non-Death Penalty Cases. The court may, on motion of the state or a defendant, grant a severance of defendants or offenses if it is deemed appropriate to promote the fair determination of a defendant's guilt or innocence of each offense.(b) Timeliness and Waiver. A defendant's motion to sever offenses and/or defendants must be made at the earliest opportunity. The right to move for severance may be deemed to have been waived if a proper motion is not timely made.(c) Severance during Trial. No severance of offenses or defendants may be ordered after trial has commenced unless the defendant consents or a mistrial has properly been declared as to such offense or defendant. Severance of offense(s) during trial, upon motion of the defendant or with the defendant's consent, shall not bar a subsequent trial of that defendant on the offense(s) severed.Comment
When deciding whether severance is appropriate, "the trial court should consider the following factors: (1) the time period between the offenses, (2) whether the evidence proving each count would be admissible to prove each of the other counts, and (3) whether the crimes are interwoven." Richardson v. State, 74 So. 3d 317, 324 (Miss. 2011) (citation omitted).