context: The Supreme Court's recent clarification of the scope of .the Confrontation Clause also eliminates any need to analyze the admissibility of the tape-recording under the rule established in Bruton v. United States, under which "[a]n accused is deprived of his rights under the Confrontation Clause when the confession of a non-testifying codefendant that implicates the accused is introduced into evidence at their joint trial ... even if the jury is instructed to consider the confession only as evidence against the codefendant." Because it is premised on the Confrontation Clause, the Bruton rule, like the Confrontation Clause itself, does not apply to nontestimonial statements.
citation_a.signal: see
citation_a.identifier: 273 Fed.Appx. 449, 455
citation_a.parenthetical: "[T]he statement at issue ... is nontestimonial in nature, and therefore, does not implicate the Confrontation Clause as analyzed under Bruton or otherwise."
citation_a.sentence: See United States v. Pugh, 273 Fed.Appx. 449, 455 (6th Cir.2008) (“[T]he statement at issue ... is nontestimonial in nature, and therefore, does not implicate the Confrontation Clause as analyzed under Bruton or otherwise.”); see also United States v. Vargas, 570 F.3d 1004, 1009 (8th Cir.2009) (holding that Bruton does not apply to nontestimonial co-defendant statements); United States v. Pike, 292 Fed.Appx. 108, 112 (2d Cir.2008) (“[Bjecause the statement was not testimonial, its admission does not violate either Crawford [] or Bruton [ ].”). The inapplicability of Bruton and the Confrontation Clause to O’Reilly’s statements also forecloses Johnson’s argument that the tape-recording should have been redacted to eliminate the use of Johnson’s name.
citation_b.signal: cf.
citation_b.identifier: 523 U.S. 185, 191-92
citation_b.parenthetical: discussing when statements otherwise inadmissible under Bruton may be cured by redaction
citation_b.sentence: Cf. Gray v. Maryland, 523 U.S. 185, 191-92, 118 S.Ct. 1151, 140 L.Ed.2d 294 (1998) (discussing when statements otherwise inadmissible under Bruton may be cured by redaction).