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)

6 Pages Posted: 23 Mar 2023

See all articles by Brooks Holland

Brooks Holland

Gonzaga University School of Law

Date Written: March 15, 2023

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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Keywords: Bruton, confrontation, sixth amendment, confession

Suggested Citation

Holland, Brooks, Confrontation and Confessions: Should Courts Consider Surrounding Context When Deciding Whether To Admit a Co-Defendant’s Confession in a Joint Criminal Trial? (March 15, 2023). 50.6 A.B.A. Supreme Court Preview Journal 53 (2023), Available at SSRN: https://ssrn.com/abstract=4390982

Brooks Holland (Contact Author)

Gonzaga University School of Law ( email )

721 N. Cincinnati Street
Spokane, WA 99220-3528

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