State v. Waddy

I

Joinder

In his first and second propositions of law, Waddy challenges the joinder of the fifteen-count indictment with the six-count Paula Mason indictment.

Waddy argues, in his first proposition, that the joinder of the Wilson, Jackson, and Milligan crimes with the murder prejudiced him in the penalty phase. The court of appeals found no prejudice because the trial court specifically instructed the jury “ * * * not to consider in any way the evidence pertaining to crimes committed by the defendant against other persons.” However, Waddy argues that the instruction could not erase the evidence…