MISJOINDER UNDER RULE 8(a) IS INHERENTLY PREJUDICIAL
Likewise, the Fifth Circuit has noted that the prejudice from such misjoinder seems inescapable as the jury would inevitably infer that proof of one crime corroborates the defendant’s guilt as to the other unrelated but jointly tried offenses. US v. Meriwether, 486 F.2d 1401 (5th Cir. 1973), cert. denied, 417 U.S. 948 (1974). See also: ABA Minimum Standards Relating to Joinder and Severance, §2.2(a) (approved Draft 1968); McElroy v. US, 164 US 76 (1896) [originated rule that misjoinder is prejudicial per se1] the Supreme Court recently held that the harmless error rule applies to misjoinder under Rule 8(b), US v. Lane, 88 L.Ed.2d 814, 815 (1986).
