Bruton rule (Washington) · Go Syfert
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Bruton rule in Washington

21 Washington opinions name it 2 courts 1976–2026 1 in the last five years

The cases below were cited by Washington courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (16)

CaseFollowedCited
United States v. Winstongreen
ca6 · 2003 · cited in 4 Washington opinions naming this issue, 2016–2016
2 sentences

2016See, e.g., United States v. Winston, 55 F. App'x 289 , 294 4 It should be noted that in Gray, the phrase "a few other guys" was contained in the original statement and was not a replacement for more specific language. 7 No. 91438-9 (6th Cir. 2003) ("several of our sister circuits have noted that a Bruton violation can be avoided by replacing the co-defendant's name with a neutral pronoun or other generalized phrase").

2016See, e.g., United States v. Winston, 55 F. App'x 289 , 294 4 It should be noted that in Gray, the phrase "a few other guys" was contained in the original statement and was not a replacement for more specific language. 7 No. 91438-9 (6th Cir. 2003) ("several of our sister circuits have noted that a Bruton violation can be avoided by replacing the co-defendant's name with a neutral pronoun or other generalized phrase").

44
United States v. Johnsongreen
ca6 · 2009 · cited in 3 Washington opinions naming this issue, 2014–2016
2 sentences

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

33
United States v. Inez Eaton Guerrero, Patrick John O'shea, Stephen Michael Kessler, Cynthia Walker and Donald Gene Boothgreen
ca9 · 1984 · cited in 3 Washington opinions naming this issue, 2001–2011
2 sentences

2011But these cases held such uses to be harmless error, where violation of the Bruton rule did not result in prejudice "`so devastating that the jury could not be expected to disregard it if the district court had instructed them to do so.'" Larry, 108 Wash.App. at 904 n. 2, 34 P.3d 241 (quoting United States v. Guerrero, 756 F.2d 1342, 1348 (9th Cir. 1984)). [14] Jackson did not use Smith's last name during his opening statement.

2011But these cases held such uses to be harmless error, where violation of the Bruton rule did not result in prejudice "`so devastating that the jury could not be expected to disregard it if the district court had instructed them to do so.'" Larry, 108 Wash.App. at 904 n. 2, 34 P.3d 241 (quoting United States v. Guerrero, 756 F.2d 1342, 1348 (9th Cir. 1984)). [14] Jackson did not use Smith's last name during his opening statement.

33
Bruton v. United Statesgreen
scotus · 1968 · cited in 6 Washington opinions naming this issue, 1976–2026
2 sentences

2026Accordingly, “while it may not always be simple for the members of a jury to obey the instruction that they disregard an incriminating inference, there does not exist the overwhelming probability of their inability to do so that is the foundation of Bruton’s exception to the general rule.” Id.

2016Id. at 127-28 . ¶15 Following Bruton , the Supreme Court explored the Bruton doctrine by fleshing out how a Bruton violation should be handled and what curative measures could be implemented to avoid the effect a codefendant’s confession could have on the nonconfessing defendant’s defense.

26
Gray v. Marylandgreen
scotus · 1998 · cited in 5 Washington opinions naming this issue, 2001–2016
2 sentences

2016If they do not, then no Bruton violation has occurred. ¶11 Marsh and Gray v. Maryland, 523 U.S. 185 , 118 S. Ct. 1151 , 140 L.

2016If they do not, then no Bruton violation has occurred. ¶11 Marsh and Gray v. Maryland, 523 U.S. 185 , 118 S. Ct. 1151 , 140 L.

25
Harrington v. Californiared
scotus · 1969 · cited in 3 Washington opinions naming this issue, 1976–2016
2 sentences

2016A sampling of the remaining evidence included (1) DNA evidence linking the defendant to the murder, (2) evidence that a bloodhound led investigators directly to the defendant, (3) numerous inconsistencies in the testimony of the defendant, detracting from his credibility, and (4) “evidence suggesting that [the victim] had died before she could dress or put on her customary makeup; evidence suggesting that [she] had been dressed and her bags packed by ‘somebody who doesn’t know anything about women.’ ” Id. ¶71 In addition to this court’s harmless error jurisprudence, a look back at Harrington,

2016A sampling of the remaining evidence included (1) DNA evidence linking the defendant to the murder, (2) evidence that a bloodhound led investigators directly to the defendant, (3) numerous inconsistencies in the testimony of the defendant, detracting from his credibility, and (4) “evidence suggesting that [the victim] had died before she could dress or put on her customary makeup; evidence suggesting that [she] had been dressed and her bags packed by ‘somebody who doesn’t know anything about women.’ ” Id. ¶71 In addition to this court’s harmless error jurisprudence, a look back at Harrington,

23
United States v. Berriosgreen
ca3 · 2012 · cited in 2 Washington opinions naming this issue, 2016–2016
2 sentences

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

22
United States v. Clarkgreen
ca10 · 2013 · cited in 2 Washington opinions naming this issue, 2016–2016
2 sentences

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

22
United States v. Vejar-Uriasgreen
ca5 · 1999 · cited in 2 Washington opinions naming this issue, 2016–2016
2 sentences

2016But see United States v. Gonzalez, 183 F .3d 1315, 1322 (11th Cir. 1999) (holding that a redacted confession implicating a precise number of the confessor's codefendants violated the confrontation clause); United States v. Vejar-Urias, 165 F.3d 337, 340 (5th Cir. 1999) (holding that use of'"someone"' violated the confrontation clause).

2016But see United States v. Gonzalez, 183 F .3d 1315, 1322 (11th Cir. 1999) (holding that a redacted confession implicating a precise number of the confessor's codefendants violated the confrontation clause); United States v. Vejar-Urias, 165 F.3d 337, 340 (5th Cir. 1999) (holding that use of'"someone"' violated the confrontation clause).

22
United States v. Spotted Elkgreen
ca8 · 2008 · cited in 2 Washington opinions naming this issue, 2016–2016
2 sentences

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

22
United States v. Reginald Dargan, Jr.green
ca4 · 2013 · cited in 2 Washington opinions naming this issue, 2016–2016
2 sentences

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

22
Thomas v. United Statesgreen
dc · 2009 · cited in 2 Washington opinions naming this issue, 2016–2016
2 sentences

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

22
Richardson v. Marshgreen
scotus · 1987 · cited in 5 Washington opinions naming this issue, 2014–2026
2 sentences

2016The court reiterated the harm against which Bruton protects when it stated that “while it may not always be simple for members of the jury to obey the instruction that they disregard an incriminating inference, there does not exist the overwhelming probability of their inability to do so that is the foundation of Bruton’s exception to the general rule.” Id. at 208 . ¶48 In the same year, the Court decided Cruz , overruling Parker v. Randolph, 442 U.S. 62 , 99 S. Ct. 2132 , 60 L.

2016The court reiterated the harm against which Bruton 5 The evidence technically was not admitted against Lee, but because the judge relied so heavily on it in convicting her, the Court treated it as a de facto admission of evidence. 7 No. 91331-5 Madsen, C.J., dissenting protects when it stated that "while it may not always be simple for members of the jury to obey the instruction that they disregard an incriminating inference, there does not exist the overwhelming probability of their inability to do so that is the foundation of Bruton's exception to the general rule." Id. at 208 .

15
State v. Flowers-Roscoegreen
washctapp · 2005 · cited in 1 Washington opinions naming this issue, 2015–2015
1 sentence

2015See Wynn, 126 Wn.

11
United States v. Figueroa-Cartagenagreen
ca1 · 2010 · cited in 1 Washington opinions naming this issue, 2014–2014
2 sentences

2014Ed. 2d 555 (2011) (holding that the Bruton rule does not apply to non-testimonial statements). 88 United States v. Figueroa-Cartagena. 612 F.3d 69, 85 (1st Cir. 2010) (quoting Whorton v. Bocktino. 549 U.S. 406 , 420, 127 S. Ct. 1173 (2007)). 89 State v. Greiff. 141 Wn.2d 910, 929 , 10 P.3d 390 (2000). 30 No. 69005-1-1/31 Here, there is not an accumulation of several errors.

2014Ed. 2d 555 (2011) (holding that the Bruton rule does not apply to non-testimonial statements). 88 United States v. Figueroa-Cartagena. 612 F.3d 69, 85 (1st Cir. 2010) (quoting Whorton v. Bocktino. 549 U.S. 406 , 420, 127 S. Ct. 1173 (2007)). 89 State v. Greiff. 141 Wn.2d 910, 929 , 10 P.3d 390 (2000). 30 No. 69005-1-1/31 Here, there is not an accumulation of several errors.

11
Schlesinger v. Reservists Committee to Stop the Wargreen
scotus · 1974 · cited in 1 Washington opinions naming this issue, 2014–2014
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
United States v. Gonzalezgreen
ca11 · 1999 · cited in 1 Washington opinions naming this issue, 2016–2016
2 sentences

2016But see United States v. Gonzalez, 183 F.3d 1315, 1322 (11th Cir. 1999) (holding that a redacted confession implicating a precise number of the confessor’s codefendants violated the confrontation clause); United States v. Vejar-Urias, 165 F.3d 337, 340 (5th Cir. 1999) (holding that use of the term “ ‘someone’ ” violated the confrontation clause). ¶14 Neither the Supreme Court nor this court has addressed this question, but our Court of Appeals has.

2016But see United States v. Gonzalez, 183 F.3d 1315, 1322 (11th Cir. 1999) (holding that a redacted confession implicating a precise number of the confessor’s codefendants violated the confrontation clause); United States v. Vejar-Urias, 165 F.3d 337, 340 (5th Cir. 1999) (holding that use of the term “ ‘someone’ ” violated the confrontation clause). ¶14 Neither the Supreme Court nor this court has addressed this question, but our Court of Appeals has.

11

Also cited on this issue (25)

CaseCitedYears
State v. Wilcoxon green
wash · 2016
2 sentences

2017To that end, Dawson's statement that Hamilton claimed a knife was present was useful testimony for the defense. 6 See State v. Wilcoxon, 185 Wn.2d 324 , 373 P.3d 224 , cert. denied 137 S. Ct. 580 (2016) (statement by one defendant to other acquaintance not testimonial hearsay despite Bruton doctrine). 7 Interestingly, when the prosecutor warned of possible Bruton problems with the phrasing of a defense question, Limpert's counsel immediately rephrased his questions in a manner that expressly brought the confrontation problem to the fore.

2017To that end, Dawson's statement that Hamilton claimed a knife was present was useful testimony for the defense. 6 See State v. Wilcoxon, 185 Wn.2d 324 , 373 P.3d 224 , cert. denied 137 S. Ct. 580 (2016) (statement by one defendant to other acquaintance not testimonial hearsay despite Bruton doctrine). 7 Interestingly, when the prosecutor warned of possible Bruton problems with the phrasing of a defense question, Limpert's counsel immediately rephrased his questions in a manner that expressly brought the confrontation problem to the fore.

32016–2017
Whorton v. Bockting green
scotus · 2007
2 sentences

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

2016If it is not, the Confrontation Clause ‘has no application.’ ” (quoting Whorton, 549 U.S. at 420 )); United States v. Berrios, 676 F.3d 118, 128 (3d Cir. 2012) (“[Because Bruton is no more than a by-product of the Confrontation Clause, the Court’s holdings in Davis and Crawford likewise limit Bruton to testimonial statements.”); United States v. Dargan, 738 F.3d 643, 651 (4th Cir. 2013) (“Bruton is simply irrelevant in the context of nontestimonial statements.”); United States v. Johnson, 581 F.3d 320, 326 (6th Cir. 2009) (“Because it is premised on the Confrontation Clause, the Bruton rule, l

32014–2016
State v. Vannoy green
washctapp · 1980
2 sentences

2014Perez relies on Bruton v. United States, for the proposition that "when two or more defendants are tried in a joint proceeding, an out-of-court statement of one which inculpates another may not be admitted in evidence when the maker of the statement does not testify at trial, for the effect would be a denial of the right [to] confrontation."84 He also cites State v. Vannoy to argue that if a codefendant's confession contains the pronoun "we," and a jury could readily conclude that the "we" includes the defendant, the Bruton rule applies.85 While these general rules are true, these cases were d

2014Perez relies on Bruton v. United States, for the proposition that "when two or more defendants are tried in a joint proceeding, an out-of-court statement of one which inculpates another may not be admitted in evidence when the maker of the statement does not testify at trial, for the effect would be a denial of the right [to] confrontation."84 He also cites State v. Vannoy to argue that if a codefendant's confession contains the pronoun "we," and a jury could readily conclude that the "we" includes the defendant, the Bruton rule applies.85 While these general rules are true, these cases were d

32014–2014
Delli Paoli v. United States red
scotus · 1957
2 sentences

2016The Bruton doctrine developed to address the harmful effect of putting evidence, inadmissible against a codefendant, before the jury in a joint trial, while Roberts, 8 Crawford, and Davis deal with the proper means of assessing reliability in determining what evidence may be admitted directly against the defendant without violating the confrontation clause. ¶41 Bruton finds its beginnings in Delli Paoli v. United States, 352 U.S. 232 , 77 S. Ct. 294 , 1 L.

2016The Bruton doctrine developed to address the harmful effect of putting evidence, inadmissible against a codefendant, before the jury in a joint trial, while Roberts, 8 Crawford, and Davis deal with the proper means of assessing reliability in determining what evidence may be admitted directly against the defendant without violating the confrontation clause. ¶41 Bruton finds its beginnings in Delli Paoli v. United States, 352 U.S. 232 , 77 S. Ct. 294 , 1 L.

22016–2016
State v. Lui green
wash · 2014
2 sentences

2016A sampling of the remaining evidence included (1) DNA evidence linking the defendant to the murder, (2) evidence that a bloodhound led investigators directly to the defendant, (3) numerous inconsistencies in the testimony of the defendant, detracting from his credibility, and (4) “evidence suggesting that [the victim] had died before she could dress or put on her customary makeup; evidence suggesting that [she] had been dressed and her bags packed by ‘somebody who doesn’t know anything about women.’ ” Id. ¶71 In addition to this court’s harmless error jurisprudence, a look back at Harrington,

2016A sampling of the remaining evidence included (1) DNA evidence linking the defendant to the murder, (2) evidence that a bloodhound led investigators directly to the defendant, (3) numerous inconsistencies in the testimony of the defendant, detracting from his credibility, and (4) “evidence suggesting that [the victim] had died before she could dress or put on her customary makeup; evidence suggesting that [she] had been dressed and her bags packed by ‘somebody who doesn’t know anything about women.’ ” Id. ¶71 In addition to this court’s harmless error jurisprudence, a look back at Harrington,

22014–2016
Parker v. Randolph red
scotus · 1979
2 sentences

2016The court reiterated the harm against which Bruton protects when it stated that “while it may not always be simple for members of the jury to obey the instruction that they disregard an incriminating inference, there does not exist the overwhelming probability of their inability to do so that is the foundation of Bruton’s exception to the general rule.” Id. at 208 . ¶48 In the same year, the Court decided Cruz , overruling Parker v. Randolph, 442 U.S. 62 , 99 S. Ct. 2132 , 60 L.

2016The court reiterated the harm against which Bruton protects when it stated that “while it may not always be simple for members of the jury to obey the instruction that they disregard an incriminating inference, there does not exist the overwhelming probability of their inability to do so that is the foundation of Bruton’s exception to the general rule.” Id. at 208 . ¶48 In the same year, the Court decided Cruz , overruling Parker v. Randolph, 442 U.S. 62 , 99 S. Ct. 2132 , 60 L.

22016–2016
State v. Medina neutral
washctapp · 2002
2 sentences

2014The Medina court concluded that no Bruton violation occurred because the statements were redacted in such a way that it became impossible to track the activities of any particular “guy” among the several involved. 112 Wn.

2014The Medina court concluded that no Bruton violation occurred because the statements were redacted in such a way that it became impossible to track the activities of any particular " guy" among the several involved. 112 Wn.

22014–2014
State v. Craig green
wash · 1973
2 sentences

2008State v. Craig, 82 Wn.2d 777, 788 , 514 P.2d 151 (1973). ¶34 Here, Johnson’s statements were introduced through his testimony, not a confession.

2008State v. Craig, 82 Wn.2d 777, 788 , 514 P.2d 151 (1973). ¶34 Here, Johnson’s statements were introduced through his testimony, not a confession.

22008–2008
State Of Washington, V Justin Moses And Aimee Moses green
washctapp · 2016
2 sentences

2017However, “[s]tatements that do not incriminate a codefendant are not subject to the Bruton rule.” Moses, 193 Wn.

2017However, “[s]tatements that do not incriminate a codefendant are not subject to the Bruton rule.” Moses, 193 Wn.

12017–2017
Hernandez v. Tex. Bd. of Pardons & Paroles green
scotus · 2016
1 sentence

2017To that end, Dawson's statement that Hamilton claimed a knife was present was useful testimony for the defense. 6 See State v. Wilcoxon, 185 Wn.2d 324 , 373 P.3d 224 , cert. denied 137 S. Ct. 580 (2016) (statement by one defendant to other acquaintance not testimonial hearsay despite Bruton doctrine). 7 Interestingly, when the prosecutor warned of possible Bruton problems with the phrasing of a defense question, Limpert's counsel immediately rephrased his questions in a manner that expressly brought the confrontation problem to the fore.

12017–2017
State v. Dent green
wash · 1994
2 sentences

2016State v. Dent, 123 Wn.2d 467, 487 , 869 P.2d 392 (1994). ¶38 We have stated that a nontestifying codefendant’s statement violates the confrontation clause unless certain criteria are met when redacting the statement.

2016State v. Dent, 123 Wn.2d 467, 487 , 869 P.2d 392 (1994). ¶38 We have stated that a nontestifying codefendant’s statement violates the confrontation clause unless certain criteria are met when redacting the statement.

12016–2016
State v. McFarland green
wash · 1995
1 sentence

2015McFarland, 127 Wn.2d at 334-35 . 31 Although we addressed an issue related to Wynn’s statement in the second appeal, the challenge in the appeal was to a different part of Wynn’s statement and was not a Bruton issue.

12015–2015
Crawford v. Washington green
scotus · 2004
12014–2014
United States v. Smalls green
ca10 · 2010
12014–2014
Davis v. Washington green
scotus · 2006
12014–2014
Abulkhair v. Reuben Banks neutral
scotus · 2011
12014–2014
Driver v. Landers neutral
scotus · 2011
2 sentences

2014United States v. Smalls, 605 F.3d 765 , 768 n.2 (10th Cir. 2010) (stating that "the Bruton rule, like the Confrontation Clause upon which it is premised, does not apply to nontestimonial hearsay statements."); United States v. Johnson. 581 F.3d 320, 326 (6th Cir. 2009), cert, denied. 560 U.S. 966 (2010) (stating that "[b]ecause it is premised on the Confrontation Clause, the Bruton rule, like the Confrontation Clause itself, does not apply to nontestimonial statements"); People v. Arceo, 195 Cal. App. 4th 556, 574-75 , 125 Cal. Rptr. 3d 436 , cert, denied. 132 S. Ct. 851 , 181 L.

2014United States v. Smalls, 605 F.3d 765 , 768 n.2 (10th Cir. 2010) (stating that "the Bruton rule, like the Confrontation Clause upon which it is premised, does not apply to nontestimonial hearsay statements."); United States v. Johnson. 581 F.3d 320, 326 (6th Cir. 2009), cert, denied. 560 U.S. 966 (2010) (stating that "[b]ecause it is premised on the Confrontation Clause, the Bruton rule, like the Confrontation Clause itself, does not apply to nontestimonial statements"); People v. Arceo, 195 Cal. App. 4th 556, 574-75 , 125 Cal. Rptr. 3d 436 , cert, denied. 132 S. Ct. 851 , 181 L.

12014–2014
State v. Greiff green
wash · 2000
12014–2014
Harris v. Wittman green
scotus · 2010
12014–2014
People v. Arceo green
calctapp · 2011
2 sentences

2014United States v. Smalls, 605 F.3d 765 , 768 n.2 (10th Cir. 2010) (stating that "the Bruton rule, like the Confrontation Clause upon which it is premised, does not apply to nontestimonial hearsay statements."); United States v. Johnson. 581 F.3d 320, 326 (6th Cir. 2009), cert, denied. 560 U.S. 966 (2010) (stating that "[b]ecause it is premised on the Confrontation Clause, the Bruton rule, like the Confrontation Clause itself, does not apply to nontestimonial statements"); People v. Arceo, 195 Cal. App. 4th 556, 574-75 , 125 Cal. Rptr. 3d 436 , cert, denied. 132 S. Ct. 851 , 181 L.

2014United States v. Smalls, 605 F.3d 765 , 768 n.2 (10th Cir. 2010) (stating that "the Bruton rule, like the Confrontation Clause upon which it is premised, does not apply to nontestimonial hearsay statements."); United States v. Johnson. 581 F.3d 320, 326 (6th Cir. 2009), cert, denied. 560 U.S. 966 (2010) (stating that "[b]ecause it is premised on the Confrontation Clause, the Bruton rule, like the Confrontation Clause itself, does not apply to nontestimonial statements"); People v. Arceo, 195 Cal. App. 4th 556, 574-75 , 125 Cal. Rptr. 3d 436 , cert, denied. 132 S. Ct. 851 , 181 L.

12014–2014
State v. Greiff green
wash · 2000
12014–2014
State v. Larry green
washctapp · 2001
12011–2011
State v. Larry green
washctapp · 2001
12011–2011
State v. Hieb green
wash · 1986
12001–2001
State v. Wheeler green
wash · 1981
11985–1985

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (9) WA § Wash. Rev. Code § 9.94A.030 (5) WA § Wash. Rev. Code § 9A.32.030 (5) WA § Wash. Rev. Code § 9.94A.533 (4) WA § Wash. Rev. Code § 9.94A.535 (3) WA § Wash. Rev. Code § 9A.40.010 (3) WA § Wash. Rev. Code § 9A.56.190 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

GA 133 (1973–2026) CA 129 (1969–2026) NY 107 (1968–2024) PA 87 (1973–2026) IL 69 (1969–2019) TN 66 (1969–2025) OH 48 (1978–2026) MA 46 (1969–2019) FL 41 (1969–2026) NC 24 (1971–2023) OK 22 (1973–2020) IN 22 (1971–2016) WA 21 (1976–2026) MD 21 (1972–2022) TX 19 (1970–2013) LA 15 (1969–2012) KY 14 (1973–2011) MI 14 (1971–2016) DC 13 (1974–2024) AZ 13 (1969–2014) KS 13 (1978–2006) NV 12 (1970–2020) MS 12 (1986–2025) CT 11 (1970–2018) NJ 10 (1971–2021) NM 8 (1976–2014) ME 8 (1972–2013) AR 8 (1975–2004) AK 7 (1973–2017) AL 7 (1983–1996) SC 7 (1976–2017) IA 7 (1981–2015) OR 6 (1990–2025) ID 6 (1985–2025) WI 5 (1978–2019) HI 4 (1977–1993) UT 4 (1987–2021) MT 4 (1977–1999) VA 4 (1997–2023) RI 3 (1971–2025) MO 3 (1989–1997) DE 3 (1994–2018) VI 2 (2012–2012) SD 2 (1993–2009) NH 2 (1975–2002)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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