Gray v. Maryland

523 U.S. 185, 118 S. Ct. 1151, 140 L. Ed. 2d 294, 1998 U.S. LEXIS 1605
CourtSupreme Court of the United States
DecidedMarch 9, 1998
Docket96-8653
StatusPublished
Cited by719 cases

This text of 523 U.S. 185 (Gray v. Maryland) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gray v. Maryland, 523 U.S. 185, 118 S. Ct. 1151, 140 L. Ed. 2d 294, 1998 U.S. LEXIS 1605 (1998).

Opinions

[188]*188Justice Breyer

delivered the opinion of the Court.

The issue in this ease concerns the application of Bruton v. United States, 391 U. S. 123 (1968). Bruton involved two defendants accused of participating in the same crime and tried jointly before the same jury. One of the defendants had confessed. His confession named and incriminated the other defendant. The trial judge issued a limiting instruction, telling the jury that it should consider the confession as evidence only against the codefendant who had confessed and not against the defendant named in the confession. Bruton held that, despite the limiting instruction, the Constitution forbids the use of such a confession in the joint trial.

The case before us differs from Bruton in that the prosecution here redacted the codefendant’s confession by substituting for the defendant’s name in the confession a blank space or the word “deleted.” We must decide whether these substitutions make a significant legal difference. We hold that they do not and that Bruton’s protective rule applies.

I

In 1993, Stacey Williams died after a severe beating. Anthony Bell gave a confession, to the Baltimore City police, in which he said that he (Bell), Kevin Gray, and Jacquin “Tank” Vanlandingham had participated in the beating that resulted in Williams’ death. Vanlandingham later died. A Maryland grand jury indicted Bell and Gray for murder. The State of Maryland tried them jointly.

The trial judge, after denying Gray’s motion for a separate trial, permitted the State to introduce Bell’s confession into evidence at trial. But the judge ordered the confession redacted. Consequently, the police detective who read the confession into evidence said the word “deleted” or “deletion” whenever Gray’s name or Vanlandingham’s name appeared. Immediately after the police detective read the redacted confession to the jury, the prosecutor asked, “after he gave you that information, you subsequently were able [189]*189to arrest Mr. Kevin Gray; is that correct?” The officer responded, “That’s correct.” App. 12. The State also introduced into evidence a written copy of the confession with those two names omitted, leaving in their place blank white spaces separated by commas. See Appendix, infra. The State produced other witnesses, who said that six persons (including Bell, Gray, and Vanlandingham) participated in the beating. Gray testified and denied his participation. Bell did not testify.

When instructing the jury, the trial judge specified that the confession was evidence only against Bell; the instructions said that the jury should not use the confession as evidence against Gray. The jury convicted both Bell and Gray. Gray appealed.

Maryland’s intermediate appellate court accepted Gray’s argument that Bruton prohibited use of the confession and set aside his conviction. 107 Md. App. 311, 667 A. 2d 983 (1995). Maryland’s highest court disagreed and reinstated the conviction. 344 Md. 417, 687 A. 2d 660 (1997). We granted certiorari in order to consider Bruton’s application to a redaction that replaces a name with an obvious blank space or symbol or word such as “deleted.”

II

In deciding whether Bruton’s protective rule applies to the redacted confession before us, we must consider both Bruton and a later ease, Richardson v. Marsh, 481 U. S. 200 (1987), which limited Bruton’s scope. We shall briefly summarize each of these two cases.

Bruton, as we have said, involved two defendants — Evans and Bruton — tried jointly for robbery. Evans did not testify, but the Government introduced into evidence Evans’ confession, which stated that both he (Evans) and Bruton together had committed the robbery. 391 U. S., at 124. The trial judge told the jury it could consider the confession [190]*190as evidence only against Evans, not against Bruton. Id., at 125.

This Court held that, despite the limiting instruction, the introduction of Evans’ out-of-court confession at Bruton’s trial had violated Bruton’s right, protected by the Sixth Amendment, to cross-examine witnesses. Id., at 137. The Court recognized that in many circumstances a limiting instruction will adequately protect one defendant from the prejudicial effects of the introduction at a joint trial of evidence intended for use only against a different defendant. Id., at 135. But it said:

“[TJhere are some contexts in which the risk that the jury will not, or cannot, follow instructions is so great, and the consequences of failure so vital to the defendant, that the practical and human limitations of the jury system cannot be ignored. Such a context is presented here, where the powerfully incriminating extrajudicial statements of a eodefendant, who stands accused side-by-side with the defendant, are deliberately spread before the jury in a joint trial. Not only are the in-criminations devastating to the defendant but their credibility is inevitably suspect.... The unreliability of such evidence is intolerably compounded when the alleged accomplice, as here, does not testify and cannot be tested by cross-examination.” Id., at 135-136 (citations omitted).

The Court found that Evans’ confession constituted just such a “powerfully incriminating extrajudicial statemen[t],” and that its introduction into evidence, insulated from cross-examination, violated Bruton’s Sixth Amendment rights. Id., at 135.

In Richardson v. Marsh, supra, the Court considered a redacted confession. The ease involved a joint murder trial of Marsh and Williams. The State had redacted the confession of one defendant, Williams, so as to “omit all reference” [191]*191to his codefendant, Marsh — “indeed, to omit all indication that anyone other than... Williams” and a third person had “participated in the crime.” Id., at 203 (emphasis in original). The trial court also instructed the jury not to consider the confession against Marsh. Id., at 205. As redacted, the confession indicated that Williams and the third person had discussed the murder in the front seat of a ear while they traveled to the victim’s house. Id., at 203-204, n. 1. The redacted confession contained no indication that Marsh — or any other person — was in the ear. Ibid. Later in the trial, however, Marsh testified that she was in the back seat of the ear. Id., at 204. For that reason, in context, the confession still could have helped convince the jury that Marsh knew about the murder in advance and therefore had participated knowingly in the crime.

The Court held that this redacted confession fell outside Bruton’s seope and was admissible (with appropriate limiting instructions) at the joint trial. The Court distinguished Evans’ confession in Bruton as a confession that was “incriminating on its face,” and which had “expressly impli-eat[ed]” Bruton. 481 U. S., at 208. By contrast, Williams’ confession amounted to “evidence requiring linkage” in that it “became” incriminating in respect to Marsh “only when linked with evidence introduced later at trial.” Ibid. The Court held

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Bluebook (online)
523 U.S. 185, 118 S. Ct. 1151, 140 L. Ed. 2d 294, 1998 U.S. LEXIS 1605, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gray-v-maryland-scotus-1998.