Thus, minimal tinkering with the relevant conduct provision(191) should harmonize the Guidelines regime with a mandatory joinder requirement.
Newly discovered offenses are typically excluded from the scope of mandatory joinder requirements as are offenses which have not been completed at the time of prosecution.
Here again, a statutory approach to a mandatory joinder rule has its advantages.
A mandatory joinder rule will increase the instances in which a severance remedy may be necessary.
The very fact of a mandatory joinder rule, regardless of its definitional difficulties, may adversely affect the defendant.
Thus, the viable prosecutions lost due to the initial uncertainty of a mandatory joinder rule should be minimal.
We thus conclude that the entire controversy doctrine appropriately encompasses the mandatory joinder of parties.
Mandatory joinder offers both kinds of advantages, along with the power of courts to insist upon it when the parties are indifferent or even opposed to it.
125) The broadening and strengthening of mandatory joinder would supplement the increased efficiency resulting from a one-action rule.
142) In order to avoid as many problematic circumstances as possible, I propose that a state adopting a preclusive system of enforcing mandatory joinder, such as the Kansas one-action rule, should expressly look to interpretations of the rule that have been developed over time in Kansas.
But his article specifically encourages strengthening the doctrine of mandatory joinder, and the court's opinion, along with its reluctance to advocate a one-action rule, completely failed to encourage the legislature to address the problem of piecemeal adjudication of injuries arising from the same occurrence.
Indeed, the discussions of judicial economy and the practical effects of a one-action rule are included as a testament to the opposite: fundamental fairness is but one relevant consideration to be weighed in determining the propriety of widespread adoption of a preclusion-based mandatory joinder doctrine.