Tuesday, March 28, 2023
Holland on Confrontation and Confessions
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.
https://lawprofessors.typepad.com/crimprof_blog/2023/03/holland-on-confrontation-and-confessions.html