Bruton v. United States

United States Supreme Court

391 U.S. 123

Bruton  v.  United States

Certiorari to the United States Court of Appeals for the Eighth Circuit

No. 705.  Argued: March 11, 1968 --- Decided: May 20, 1968

A joint trial of petitioner and one Evans resulted in the convictions of both for armed postal robbery. Evans did not take the stand but a postal inspector testified that Evans confessed orally that he and petitioner committed the robbery. The trial judge instructed the jury that although Evans' confession was competent evidence against him it was inadmissible hearsay against petitioner and had to be disregarded in determining petitioner's guilt or innocence. Evans and petitioner both appealed to the Court of Appeals. That court set aside Evans' conviction on the ground that the oral confession should not have been received against him but affirmed petitioner's conviction in view of the trial judge's instructions, relying on Delli Paoli v. United States, 352 U.S. 232.

Held: Because of the substantial risk that the jury, despite instructions to the contrary, looked to the incriminating extrajudicial statements in determining petitioner's guilt, admission of Evans' confession in the joint trial violated petitioner's right of cross-examination secured by the Confrontation Clause of the Sixth Amendment. Delli Paoli v. United States, supra, overruled. Pp. 126-137.

375 F. 2d 355, reversed.

Daniel P. Reardon, Jr., argued the cause and filed a brief for petitioner.

Solicitor General Griswold argued the cause for the United States. With him on the brief were Assistant Attorney General Vinson, Robert S. Rifkind, and Beatrice Rosenberg.

Notes