CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, March 28, 2023

Holland on Confrontation and Confessions

Brooks Holland (Gonzaga University School of Law) has posted Confrontation and Confessions: Should Courts Consider Surrounding Context When Deciding Whether To Admit a Co-Defendant’s Confession in a Joint Criminal Trial? (50.6 A.B.A. Supreme Court Preview Journal 53 (2023)) on SSRN. Here is the abstract:
This article previews the pending U.S. Supreme Court case of Samia v. United States, to be argued on March 29, 2023. This case will re-examine the Sixth Amendment's "Bruton" rule dealing with the confrontation right implications in a joint criminal trial of admitting one defendant's confession that implicates another defendant. This case will determine whether a court when deciding whether to admit a nontestifying co-defendant's redacted confession must consider the other trial evidence or just the "four corners" of the confession when evaluating the sufficiency of the redactions to protect the other defendant's confrontation rights.

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