392 U.S. 293 (1968), 920, Roberts v. Russell

Docket Nº:No. 920, Misc.
Citation:392 U.S. 293, 88 S.Ct. 1921, 20 L.Ed.2d 1100
Party Name:Roberts v. Russell
Case Date:June 10, 1968
Court:United States Supreme Court
 
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Page 293

392 U.S. 293 (1968)

88 S.Ct. 1921, 20 L.Ed.2d 1100

Roberts

v.

Russell

No. 920, Misc.

United States Supreme Court

June 10, 1968

PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SIXTH CIRCUIT

Syllabus

Bruton v. United States, 391 U.S. 123, which overruled Delli Paoli v. United States, 352 U.S. 232, and held that, despite instructions to the jury to disregard implicating statements in determining a codefendant's guilt or innocence, admission at a joint trial of a defendant's extrajudicial confession implicating a codefendant violates the codefendant's Sixth Amendment right to cross-examination is to be applied retroactively, both to state and federal prosecutions.

Certiorari granted; judgment vacated and remanded.

Per curiam opinion.

PER CURIAM.

In Bruton v. United States, 391 U.S. 123, decided May 20, 1968, we overruled Delli Paoli v. United States, 352 U.S. 232, and held that, despite instructions to the jury to disregard the implicating statements in determining the codefendant's guilt or innocence, admission at a joint trial of a defendant's extrajudicial confession implicating a codefendant violated the codefendant's right of cross-examination secured by the Confrontation Clause of the Sixth Amendment. This case presents the question whether Bruton is to be applied retroactively. We hold that it is.

The facts parallel the facts in Bruton. The petitioner was convicted by a jury of [88 S.Ct. 1922] armed robbery at a joint trial with one Rappe in Davidson County, Tennessee. A police officer testified that Rappe orally confessed to him that petitioner and Rappe committed the crime.

Page 294

The trial judge instructed the jury that Rappe's confession was admissible against her, but that her statements implicating petitioner were not to be considered in determining petitioner's guilt or innocence. The Tennessee Supreme Court affirmed petitioner's conviction. Petitioner filed a proceeding in federal habeas corpus in the United States District Court for the Middle District of Tennessee. That court relied on Delli Paoli, and denied relief. The Court of Appeals for the Sixth Circuit affirmed.

Although Bruton involved a federal prosecution, and this is a state prosecution, the right of cross-examination secured by the Confrontation Clause of the Sixth Amendment is made applicable to the States by the...

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