United States Third Circuit

Denial of a petition for habeas relief in a first degree murder case is reversed where the use of a non-testifying co-defendant's statement at trial, even as redacted and subject to an instruction that the jury should not use it against defendant, was an unreasonable application of Bruton v. US, 391 U.S. 123, 88 S.Ct. 1620 (1968), and its progeny.

Appellate Information

• Argued 10/27/2008
• Decided 12/19/2008
• Published 12/19/2008

Judges

• BEFORE:  SLOVITER and GREENBERG, Circuit Judges, and IRENAS, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Steffen N. Johnson, Luke W. Goodrich (argued), Winston & Strawn LLP, Washington, D.C., for Appellant.


• For Appellees:
  
• Susan E. Affronti (argued), Assistant District Attorney, Thomas W. Dolgenos, Chief, Federal Litigation, Ronald Eisenberg, Deputy District Attorney, Law Division, Arnold H. Gordon, First Assistant District Attorney, Lynne Abraham, District Attorney, Philadelphia, PA, for Respondents.