- Bruton v. US (US 1968) (p.190)
- E and B on trial for robbing a postal facility; E had made a statement, “B and I did it” – an admission which govt can use to prove E’s guilt; judge decided to admit statement with limiting instruction that it wasn’t to be considered as to B’s guilt
- B’s arg: limiting instruction isn’t enough – can’t trust jury in this situation
- holding: confrontation clause is offended by this evidence, should have been excluded
- other alternatives available to govt
- redact statement, to get rid of all reference to B’s involvement
- give up using the statement altogether
- have two separate trials, one for B and one for E
- have one trial with two juries (more efficient) – Δ-specific evidence will be heard by jury for that particular Δ.
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Thursday, September 6, 2012
Bruton v. US case brief
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