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State v. Johnson

Supreme Court of Louisiana
Jun 28, 1996
675 So. 2d 1098 (La. 1996)

Opinion

No. 96-KK-0959

June 28, 1996

IN RE: Johnson, Larry; — Defendant(s); Applying for Supervisory and/or Remedial Writ; to the Court of Appeal, Fourth Circuit, Number 95KW-2733; Parish of Orleans Criminal District Court Div. "D" Number 372-795


Granted; severance of the defendants is ordered. Prejudice may occur in a joint trial "when evidence that the jury should not consider against a defendant and that would not be admissible if a defendant were tried alone is admitted against a co-defendant. Zafiro v. United States, 506 U.S. ___, 113 S.Ct. 933 (1933) (citing Bruton v. United States, 391 U.S. 123 (1968)). The Supreme Court has not yet delineated those circumstances under which a co-defendant's statement may be directly admissible against the defendant. It has made clear that such statements are presumptively unreliable to the extent that they incriminate the defendant, Lee v. Illinois, 476 U.S. 530 (1986), and that they remain inadmissible at a joint trial even when the defendant has given his own "interlocking" statement. See Cruz v. New York, 481 U.S. 186 (1987) ("[W]here a nontestifying co-defendant's confession incriminating the defendant is not directly admissible against the defendant . . . the Confrontation Clause bars its admission at their joint trial. . . .").

HTL

PFC

WFM

CDK

BJJ

JPV

EJB

WATSON, J. not on panel.


Summaries of

State v. Johnson

Supreme Court of Louisiana
Jun 28, 1996
675 So. 2d 1098 (La. 1996)
Case details for

State v. Johnson

Case Details

Full title:STATE OF LOUISIANA vs. LARRY JOHNSON, ET AL

Court:Supreme Court of Louisiana

Date published: Jun 28, 1996

Citations

675 So. 2d 1098 (La. 1996)

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