Roberts v. Russell, 392 U.S. 293 (1968)

Roberts v. Russell

No. 920, Misc.

Decided June 10, 1968
392 U.S. 293

PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SIXTH CIRCUIT

Syllabus

Bruton v. United States, 391 U.S. 123, which overruled Delli Paoli v. United States, 352 U.S. 232, and held that, despite instructions to the jury to disregard implicating statements in determining a codefendant’s guilt or innocence, admission at a joint trial of a defendant’s extrajudicial confession implicating a codefendant violates the codefendant’s Sixth Amendment right to cross-examination is to be applied retroactively, both to state and federal prosecutions.

Certiorari granted; judgment vacated and remanded.