GRAY v. MARYLAND

No. 96-8653.

523 U.S. 185 (1998)

GRAY v. MARYLAND

United States Supreme Court.

Decided March 9, 1998.


Attorney(s) appearing for the Case

Arthur A. DeLano, Jr., argued the cause for petitioner. With him on the briefs were Stephen E. Harris and Nancy S. Forster.

Carmen M. Shepard, Deputy Attorney General of Maryland, argued the cause for respondent. With her on the brief were J. Joseph Curran, Jr., Attorney General, and Gary E. Bair and Mary Ellen Barbera, Assistant Attorneys General.

Roy W. McLeese III argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Waxman, Acting Assistant Attorney General Keeney, and Deputy Solicitor General Dreeben.*

Breyer, J.,delivered the opinion of the Court, in which Stevens, O'Connor, Souter, and Ginsburg, JJ., joined. Scalia, J., filed a dissenting opinion, in which Rehnquist, C. J., and Kennedy and Thomas, JJ., joined, p. 200.


Justice Breyer, delivered the opinion of the Court.

The issue in this case 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...

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