Part 4: Conspiracies | Prejudicial Joinder, extrajudicial confession implicates a co-defendant.

You are now watching the 4th part in a multi-part series dealing with conspiracy law. In this video, we are focusing on joinder, which means two or more defendants are tried at the same time in a join trial. Bruton v. United States, 391 U.S. 123 (1968) illustrates this concept. Full case here:

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. 391 U. S. 126-137.

Please watch:
Part 1: Introduction to Conspiracy Law. Multi-part series exploring criminal conspiracy cases.

Part 2: Conspiracies | Pinkerton Liability | Co-conspirators responsible for each others crimes.

Part 3: Conspiracies | Elements of the crime and Overt Act definition from U.S. v. Rabinowich

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
(619) 357-6677

Do you want to buy our Lawstache merchandise? Maybe a t-shirt?

Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101

Want to learn about our recent victories?

Are you are a Russian speaker? Вы говорите по-русски?

Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts

The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!