No. 21-6089

Edward N. Daniels v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al.

Lower Court: Third Circuit
Docketed: 2021-10-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bruton-precedent bruton-v-united-states co-conspirator co-defendant confrontation-clause criminal-procedure cross-examination due-process evidence-admissibility precedent
Latest Conference: 2021-11-19
Question Presented (from Petition)

DID THE LOWER COURT ERR WHEN THEY REFUSED TO APPLY THIS COURT'S
PRECEDENT IN BRUTON V. UNITED STATES, 391 U.S. 123 (1968) WHEN THE
CO-CONSPIRATOR / CO-DEFENDANT (MURCHISON) REFUSED TO BE CROSS-
-EXAMINED AFTER HE TESTIFIED AND IMPLICATED DANIELS IN THE CRIME?

DID THE LOWER COURT ERR WHEN IT HELD THAT BRUTON DOES NOT APPLY
TO A CO-DEFENDANT WHO PLEADS GUILTY BEFORE THE OTHER
CO-DEFENDANTS GO TO TRIAL?

Question Presented (AI Summary)

Did the lower court err when they refused to apply this court's precedent in Bruton v. United States, 391 U.S. 123 (1968) when the co-conspirator / co-defendant (Murchison) refused to be cross-examined after he testified and implicated Daniels in the crime?

Docket Entries

2021-11-22
Petition DENIED.
2021-11-03
DISTRIBUTED for Conference of 11/19/2021.
2021-11-01
Waiver of right of respondent Superintendent, SCI Rockview to respond filed.
2021-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2021)

Attorneys

Edward N. Daniels
Edward N. Daniels — Petitioner
Superintendent, SCI Rockview
Nancy WinkelmanDistrict Attorney's Office, Respondent