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

> Court of Appeals for the Second Circuit · September 3, 1971 · 448 F.2d 552

URL: https://www.frixlaw.com/law-library/cases/9457350

## Case

- **Full name:** UNITED STATES Ex Rel. Samuel ROSS, Petitioner-Appellant, v. J. Edwin LaVALLEE, Warden of Clinton State Prison, Dannemora, New York, Respondent-Appellee
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** September 3, 1971
- **Citations:** 448 F.2d 552; 1971 U.S. App. LEXIS 8207
- **Precedential status:** Published
- **Opinion:** Concurrence by Hays
- **Judges:** Hays, Smith, Pollack
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9457350

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9457350. Public record. Not legal advice.