AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

GOVERNMENT OF the VIRGIN ISLANDS v. Jose Enrique RIVERA, Da

OPINION OF THE COURT

PER CURIAM:

This is an appeal from a conviction of second degree murder. Appellant contends, inter alia, that the use at trial of a statement made by his co-defendant was error under the rule of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968). That case prohibited the use of a statement against a defendant which incriminated a co-defendant. The court recognized that an admonition by the judge will not erase from the minds of the jury those admissions of the declarant which implicate the non-declarant. In the instant case, however, the statement read to the jury contained nothing that implicated or incriminated appellant.

Bruton, supra, was grounded on the denial of a defendant's right to confront witnesses against him. If his co-defendant does not testify, there can be no attack made on the incriminating statements. In the instant case, the co-defendant did testify and thus was subject to cross-examination by appellant as to his pretrial statement. Appellant cannot be heard to argue that he was denied the right of confrontation. Wade v. Yeager, 415 F.2d 570 (C.A.3), cert. denied 396 U.S. 974, 90 S.Ct. 466, 24 L.Ed.2d 443 (1969).

We have carefully considered each of the other arguments made by appellant and find them to be without merit. The judgment of the district court will, therefore, be affirmed.

Use AI to get other relevant cases.

Comments

GOVERNMENT OF VIRGIN ISLANDS v. RIVERA
(Mar 1, 1971)