Opinion

United States Ex Rel. Samuel Ross v. J. Edwin Lavallee, Warden of Clinton State Prison, Dannemora, New York

  • 448 F.2d 552
  • 1971 U.S. App. LEXIS 8207
Court
Court of Appeals for the Second Circuit
Filed
Sep 3, 1971
Status
Published
Author
Hays
On the bench
Hays, Smith, Pollack
Cited by
19 cases
Authority
More cited than 24.9%

Erroneously admitted statement of co-defendant was harmless due to “overwhelming independent evidence against petitioner .... ”

How later courts described this case

  • Erroneously admitted statement of co-defendant was harmless due to “overwhelming independent evidence against petitioner .... ”

Written by the judges who cited it.

The opinion

HAYS, Circuit Judge

(concurring):

The evidence against Samuel Ross, aside from the statement the admissibility of which is contested, does not seem to me to be “so overwhelming that * * * violation of Bruton was harmless beyond a reasonable doubt * * Harrington v. California, 395 U.S. 250, 254 , 89 S.Ct. 1726, 1728 , 23 L.Ed.2d 284 (1969). I agree with the district court judge that Horace Ross’s statement was not “powerfully incriminating” under the Bruton rule and my concurrence rests on that ground.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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