Summary

Roberts v. Russell — Opinion of the Court

As we said in Bruton:
' (T) here are some contexts in which the risk that the jury will not, or cannot, follow instructions is so great, and the consequences of failure so vital to the defendant, that the practical and human limitations of the jury system cannot be ignored. * * * Such a context is presented here, where the powerfully incriminating extrajudicial statements of a codefendant * * * are deliberately spread before the jury in a joint trial.' 391 U.S., at 135-136, 88 S.Ct., at 1627.
Source: Wikisource

Roberts v. Russell — Opinion of the Court

The facts parallel the facts in Bruton. The petitioner was convicted by a jury of 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. 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.
Source: Wikisource

Roberts v. Russell — Opinion of the Court

United States, 352 U.S. 232, 77 S.Ct. 294, 1 L.Ed.2d 278 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.
Source: Wikisource

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