richardson marsh argued january decided april respondent benjamin williams charged murder robbery assault joint trial williams confession admitted respondent objection confession redacted omit reference respondent indeed omit indication anyone williams third accomplice participated crime confession williams described conversation third accomplice drove victims home accomplice said kill victims robbing time confession admitted jury admonished use way respondent williams testify respondent testimony indicated car williams third accomplice heard conversation respondent insisted intended rob kill anyone respondent convicted felony murder assault commit murder michigan appeals affirmed federal district denied respondent petition writ habeas corpus appeals reversed holding respondent entitled new trial bruton bruton held defendant deprived rights confrontation clause codefendant confession naming participant crime introduced joint trial even jury instructed consider confession codefendant appeals held bruton requires result codefendant confession redacted omit reference defendant defendant nonetheless linked confession evidence properly admitted trial held confrontation clause violated admission nontestifying codefendant confession proper limiting instruction confession redacted eliminate defendant name reference existence bruton recognized narrow exception almost invariable assumption law jurors follow instructions situation facially incriminating confession nontestifying codefendant introduced joint trial jury instructed consider confession codefendant situation bruton explained risk jury follow instructions great consequences failure vital defendant jurors assumed incapable obeying instructions two important distinctions case bruton cause fall outside narrow exception bruton created first bruton codefendant confession expressly implicated defendant accomplice whereas confession incriminating face became linked evidence introduced later trial necessity linkage involved exist overwhelming probability jurors inability disregard incriminating inferences foundation bruton second evidence requiring linkage differs evidence incriminating face practical effects application bruton exception produce limited facially incriminating confessions bruton complied redaction extended confessions incriminating connection possible even possible predict admissibility confession advance trial compliance appeals overbroad reading bruton achieved without enormous costs criminal justice system pp reversed remanded scalia delivered opinion rehnquist white blackmun powell joined stevens filed dissenting opinion brennan marshall joined post timothy baughman argued cause petitioner briefs john lawrence robbins argued cause amicus curiae urging reversal brief solicitor general fried assistant attorney general trott deputy solicitor general bryson steven whalen appointment argued cause filed brief respondent justice scalia delivered opinion bruton held defendant deprived rights confrontation clause nontestifying codefendant confession naming participant crime introduced joint trial even jury instructed consider confession codefendant today consider whether bruton requires result codefendant confession redacted omit reference defendant defendant nonetheless linked confession evidence properly admitted trial respondent clarissa marsh benjamin williams kareem martin charged assaulting cynthia knighton murdering son koran aunt ollie scott respondent williams tried jointly objection martin fugitive time trial trial knighton testified follows evening october son scott home respondent boyfriend martin visited brief conversation living room respondent announced come pick something scott rose couch martin pulled gun pointed scott knightons said someone gotten killed scott knew something respondent immediately walked front door peered peephole doorbell rang respondent opened door williams walked carrying gun williams passed respondent asked money martin forced scott upstairs williams went kitchen leaving respondent alone knightons knighton son attempted flee respondent grabbed knighton held williams returned williams ordered knightons lie floor went upstairs assist martin respondent left alone knightons stood front door occasionally peered peephole minutes later martin williams scott came stairs martin handed paper grocery bag respondent martin williams forced scott knightons basement martin shot cynthia knighton survived addition knighton testimony state introduced respondent objection confession given williams police shortly arrest confession redacted omit reference respondent indeed omit indication anyone martin williams participated crime confession largely corroborated knighton account activities persons respondent house addition confession described conversation williams martin drove scott home according williams martin said kill victims robbery time confession admitted jury admonished use way respondent williams testify state rested respondent took stand testified october lost money martin intended use buy drugs martin upset suggested respondent borrow money scott worked past martin respondent picked williams drove scott house drive respondent sitting backseat knew martin williams talking hear conversation radio speaker right ear martin respondent admitted home respondent short conversation scott asked loan martin pulled gun respondent walked door see car saw williams opened door respondent testified robbery feel free leave scared flee said know prevented knightons escaping admitted taking bag martin said martin williams took victims basement left house without bag respondent insisted possessed prior knowledge martin williams armed heard conversation anyone harmed intended rob kill anyone closing argument prosecutor admonished jury use williams confession respondent later argument however linked respondent portion williams confession describing conversation martin car respondent attorney object closing arguments judge instructed jury williams confession considered respondent jury convicted respondent two counts felony murder perpetration armed robbery one count assault intent commit murder michigan appeals affirmed unpublished opinion people marsh michigan denied leave appeal respondent filed petition writ habeas corpus pursuant alleged conviction supported sufficient evidence introduction williams confession joint trial violated rights confrontation clause district denied petition civ action ed appeals sixth circuit reversed appeals held determining whether bruton bars admission nontestifying codefendant confession must assess confession inculpatory value examining face confession also evidence introduced trial williams account conversation car direct evidence respondent knew entering scott house victims robbed killed respondent testimony placed car light paucity evidence malice prosecutor linkage respondent statement car closing argument admission williams confession powerfully incriminating respondent respect critical element intent thus appeals concluded confrontation clause violated granted certiorari sixth circuit decision conflicts courts appeals declined adopt evidentiary linkage contextual implication approach bruton questions see belle en banc ii confrontation clause sixth amendment extended fourteenth amendment guarantees right criminal defendant confronted witnesses right confrontation includes right witnesses see pointer texas therefore two defendants tried jointly pretrial confession one admitted unless confessing defendant takes stand ordinarily witness whose testimony introduced joint trial considered witness defendant jury instructed consider testimony codefendant accords almost invariable assumption law jurors follow instructions francis franklin applied many varying contexts example harris new york held statements elicited defendant violation miranda arizona introduced impeach defendant credibility even though inadmissible evidence guilt long jury instructed accordingly similarly spencer texas held evidence defendant prior criminal convictions introduced purpose sentence enhancement long jury instructed used purposes determining guilt accord marshall lonberger see also tennessee street instruction consider accomplice incriminating confession purpose assessing truthfulness defendant claim confession coerced watkins sowders instruction consider erroneously admitted eyewitness identification evidence walder instruction consider unlawfully seized physical evidence assessing defendant credibility bruton however recognized narrow exception principle held defendant deprived sixth amendment right confrontation facially incriminating confession nontestifying codefendant introduced joint trial even jury instructed consider confession codefendant said contexts risk jury follow instructions great consequences failure vital defendant practical human limitations jury system ignored context presented powerfully incriminating extrajudicial statements codefendant stands accused defendant deliberately spread jury joint trial citations omitted necessity linkage involved less valid generalization jury likely obey instruction disregard evidence specific testimony defendant helped commit crime vivid inferential incrimination hence difficult thrust mind moreover regard explicit statement issue plain simply whether jury possibly expected forget assessing defendant guilt whereas regard inferential incrimination judge instruction may well successful dissuading jury entering onto path inference first place incrimination forget short may always simple members jury obey instruction disregard incriminating inference exist overwhelming probability inability foundation bruton exception general rule even significantly evidence requiring linkage differs evidence incriminating face practical effects application bruton exception produce limited facially incriminating confessions bruton complied redaction possibility suggested opinion extended confessions incriminating connection possible even possible predict admissibility confession advance trial contextual implication doctrine articulated appeals presumably require trial judge assess end trial whether light evidence nontestifying codefendant confession powerfully incriminating new separate trial required defendant obviously lends manipulation defense even without manipulation result numerous mistrials appeals might suggested consequences reduced conducting pretrial hearing prosecution defense reveal evidence plan introduce enabling assess compliance bruton ex ante rather ex post approach even feasible federal rules doubtful see fed rule crim proc time consuming obviously far foolproof one might say course certain way assuring compliance try defendants separately whenever incriminating statement one sought used facile remedy might seem joint trials play vital role criminal justice system accounting almost federal criminal trials past five years memorandum david cook administrative office courts library available clerk case file many joint trials example involving large conspiracies import distribute illegal drugs involve dozen codefendants confessions one defendants commonplace indeed probability confession increases number participants since reduced assurance protected silence impair efficiency fairness criminal justice system require cases joint crimes incriminating statements exist prosecutors bring separate proceedings presenting evidence requiring victims witnesses repeat inconvenience sometimes trauma testifying randomly favoring defendants advantage knowing prosecution case beforehand joint trials generally serve interests justice avoiding inconsistent verdicts enabling accurate assessment relative culpability advantages sometimes operate defendant benefit even apart tactical considerations joint trials generally serve interests justice avoiding scandal inequity inconsistent verdicts way assuring compliance expansive bruton rule forgo use codefendant confessions price also high since confessions merely desirable essential society compelling interest finding convicting punishing violate law moran burbine citation omitted rule juries presumed follow instructions pragmatic one rooted less absolute certitude presumption true belief represents reasonable practical accommodation interests state defendant criminal justice process precise facts bruton involving facially incriminating confession found accommodation inadequate discussion shows calculus changes confessions name defendant issue continue apply bruton found rationale validly applies see cruz new york ante decline extend hold confrontation clause violated admission nontestifying codefendant confession proper limiting instruction confession redacted eliminate defendant name reference existence present case however prosecutor sought undo effect limiting instruction urging jury use williams confession evaluating respondent case see supra remand consider whether light respondent failure object prosecutor comments error serve basis granting writ habeas corpus see wainwright sykes judgment appeals reversed case remanded proceedings consistent opinion ordered footnotes sunday evening october girl friend house moss highland park received phone call friend mine named kareem martin said looking james coleman call tom asked wanted go robbery said okay said pick minutes later kareem came black monte carlo car got car kareem told going stick crib told place numbers house kareem said place kareem said take robbery kareem big silver gun gave long barrelled sic revolver drove house parked car across big street near house plan wait car front house move car across big street want anybody see car okay kareem went house went inside couple minutes later moved car went house entered kareem older lady dining room little boy another younger woman sitting couch front room pulled pistol told younger woman little boy lay floor kareem took older lady upstairs pistol also stayed downstairs two people floor kareem took lady upstairs went upstairs lady laying bed room left get stairs lady already given us two bags full money ever got upstairs kareem thought money went upstairs kareem started searching rooms find money came downstairs kareem came lady said let go let go kareem said kareem took two ladies little boy basement left go car went car got back seat couple minutes later kareem came car said thinks girl still living still moving bullets asked come go basement said shit like dropped back girl house highland park supposed get together today get share robbery counted money app pp prosecutor said important light respondent testimony says kareem drives benjamin williams home picks go thing says well sitting back seat car hear conversation going front seat kareem mr williams hear conversation radio loud asked sic whether reasonable say say hear conversation said know conversation hear radio admits heard conversation admits plan guilty least armed robbery ca tell dissent mistaken believing assum williams confession incriminate respondent post contrary premise discussion respondent harmed williams confession jury disobeyed instructions disagreement pertains whether confession incriminated respondent whether trial properly assume jury use dissent notes cases involved joint trials conducted bruton decided compliance rule case issue appear originated state post concludes ederal prosecutors seem little difficulty implementing bruton dissent believes must implemented ibid since cases question number handful fact happened state cases may signify nothing many times state prosecutions federal assuredly basis believe federal prosecutors applying dissent interpretation bruton indeed contrary proposition well harmfulness interpretation federal law enforcement efforts suggested fact solicitor general appeared amicus urge reversal substantially reasons given see brief amicus curiae express opinion admissibility confession defendant name replaced symbol neutral pronoun justice stevens justice brennan justice marshall join dissenting rationale decision bruton applies without exception inadmissible confessions powerfully incriminating today however draws distinction constitutional magnitude confessions directly identify defendant rely inculpatory effect factual legal relationships contents evidence jury even jury indirect inference defendant guilt based inadmissible confession much devastating defendant case inference direct reference codefendant confession requires exclusion latter statement illogical result demeans values protected confrontation clause moreover neither reason experience supports argument consistent application rationale bruton case impose unacceptable burdens administration justice basic premise confrontation clause certain kinds hearsay damaging suspect yet difficult discount jurors trusted give evidence minimal weight logically deserves whatever instructions trial judge might give constitutionally mandated skepticism undergirds bruton holding equally applicable case framed issue bruton whether conviction defendant joint trial set aside although jury instructed codefendant confession inculpating defendant disregarded determining guilt innocence answered question affirmative noting sixth amendment violated powerfully incriminating extrajudicial statements codefendant stands accused defendant deliberately spread jury joint trial today nevertheless draws line codefendant confessions expressly name defendant relies presumption latter category less valid generalization jury likely obey instruction disregard evidence ante agree read bruton require exclusion codefendant confessions mention defendant confessions may significant impact defendant case others presume must jurors give full vigorous attention every witness item evidence acts listening seeing sometimes lead path inference indeed tacitly acknowledges point speculates judge instruction may dissuade jury making inferences also concedes probability occurrence arguing overwhelming probability jurors unable disregard incriminating inference ibid bruton always required trial judges answer question whether particular confession powerfully incriminating basis follow analysis whether defendant actually named codefendant instructing jury consider benjamin williams confession clarissa marsh failed guarantee level certainty required confrontation clause uncertainty arose prosecution case made clear time williams statement introduced statement prove powerfully incriminating respondent well williams absolutely doubt spreading williams carefully edited confession jury intolerably interfered jury solemn duty treat statement nothing meaningless sounds consideration marsh guilt innocence time williams confession introduced evidence already established respondent two men committed armed robbery course two men killed two persons shot third ante sharp dispute however question whether respondent intended commit robbery murder foreseeable result knew two men planned quantum evidence admissible respondent sufficient establish intent hence support conviction appeals explained issue whether evidence sufficient show marsh aided abetted assault specific intent murder knighton knowledge martin specific intent marsh case presents much closer question issue williams testimony indicating harbored intent murder knighton showing heard martin statements regarding need hurt take victims addition testimony placing basement scene shootings evidence indicate viewed light favorable prosecution aware williams martin armed served guard lookout door prevented attempted escape knighton given paper bag thought contain proceeds robbery evidence also indicates marsh knew scott supporting inference marsh allowed martin gain entrance close question believe evidence presented time motion sufficient survive motion directed verdict emphasis omitted facts case admittedly different bruton williams statement directly mention respondent thus instead incriminating face ante became considered connection evidence presented jury difference facts bruton facts case eliminate common substantial constitutionally unacceptable risk jury resolving critical issue respondent may relied impermissible evidence ii facts joint trials conserve prosecutorial resources diminish inconvenience witnesses avoid delays administration criminal justice well known long time see lane quoting bruton equally well known joint trials create special risks prejudice one defendants risks often make necessary grant severances see bruton fed rule crim proc relief prejudicial joinder government argues costs requiring prosecution choose severance offering codefendant confession joint trial outweigh benefits defendant brief amicus curiae scales justice however considerations fairness normally outweigh administrative concerns bruton case argued normal benefits joint proceedings sacrificed requiring separate trials order use confession declarant see endorsed answer argument judge lehman new york appeals previously made dissenting opinion people fisher still adhere rule accused entitled confrontation witnesses right destroy rule past regarded fundamental principle jurisprudence legalistic formula required judge jury may consider admissions party join secure greater speed economy convenience administration law price fundamental principles constitutional liberty price high also expresses concern trial judges unable determine whether codefendant confession directly mention defendant inadmissible create substantial risk unfair prejudice cases trial judge comply dictates bruton postponing decision admissibility confession prosecution rests time potentially inculpatory effect evaluated light government entire case expresses concern rule enable manipulation defense see ante presumably means defense might tailor evidence make sure confession directly mention defendant deemed powerfully incriminating viewed light prosecution entire case practical matter believe many defense lawyers deliberately pursue strategy manipulating evidence order enhance prejudicial impact codefendant confession moreover great many experienced competent trial judges throughout nation fully capable managing cases supervising counsel order avoid problems seem insurmountable appellate judges sometimes distracted illogical distinctions irrelevant statistics respectfully dissent bruton stewart concurring emphasis original judge learned hand justice frankfurter also recognize admission williams confession even limiting instructions placed great strain upon jury ability exclude evidence consideration respondent innocence guilt noted bruton judge hand addressed subject several times limiting instruction said recommendation jury mental gymnastic beyond powers anybody else nash nobody indeed fail doubt whether caution effective whether usually practical result let hearsay gottfried indeed hard believe jury matter practice observe admonition delli paoli judge hand referred instruction placebo medically defined medicinal lie government windfall jury influenced evidence defendant matter law consider put minds delhi paoli dissenting opinion indeed doubt codefendant confessions expressly mention defendant nevertheless need excluded bruton prejudicial assumes confession incriminate respondent time confession introduced disagree cynthia knighton already testified respondent kareem martin arrived victims residence together respondent admitted williams house minutes later statement williams said drove house parked car across big street near house plan wait car front house move car across big street want anybody see car okay kareem went house went inside couple minutes later moved car went house ante worth noting dissenting opinion bruton regard decision limited codefendant confessions expressly implicating defendant suppose necessary exclude extrajudicial confessions unless portions implicate defendants declarant effectively deleted effective deletion probably require omission direct indirect inculpations codefendants also statement employed defendants identity otherwise established emphasis added white dissenting see memorandum david cook administrative office courts library available clerk case file see memorandum david cook administrative office courts library mar available clerk case file establishing figures cited memorandum february cited ante carry information whatever number trials codefendant confession offered admitted expresses apparently fear evenhanded application bruton jeopardize use joint trials proposition rests unsupported assumption number powerfully incriminating confessions name defendant large evaluated basis proceeds ostensible administrative outrages separate trials necessary contending unwise compel prosecutors bring separate proceedings presenting evidence requiring victims witnesses repeat inconvenience sometimes trauma testifying randomly favoring defendants advantage knowing prosecution case ante speculation also floats unattached anchor reality since likelihood one defendants joint trial confessed fairly remote prospect presenting evidence nothing rhetorical flourish worst typical case two trials may required one confessing defendant another nonconfessing defendant defendants even category presumably confessing defendants likely candidates plea bargaining except williams confession prosecutor closing argument separately considered remand paucity evidence connecting respondent plan discussed car way victims home appeals thus unquestionably correct concluding violation confrontation clause case harmless error