Post-Weiss, the question whether refusal to sever has produced a substantial miscarriage of justice must be assessed on a count-by-count basis by reference to the whole record, not by resort to absolute formulations about essential conditions of a fair trial. Where a single count involving a different complainant is tried with many counts involving another complainant, the conviction on the single count is particularly vulnerable because the jury's verdict pattern cannot demonstrate that it was unaffected by prejudicial evidence on the other counts. Where a trial judge fails to give formal reasons for refusing severance and expresses an erroneous view of the law during argument, it will be assumed the discretion was exercised on an erroneous basis.
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