08-2825 Ray v. Boatwright

Listen to this article

Habeas Corpus
Confrontation Clause

Where a state court admitted a co-actors' statements through the police detective's testimony at trial, the defendant's right of confrontation was violated.

"The confrontation clause has been invoked to prevent, even in a joint trial, the admission of a confession by a co-defendant that implicates the other accused, even if the trial judge provides a limiting instruction. See Bruton v. United States, 391 U.S. 123, 127-28 (1968).

While the method of presentation of the accusations in this case shows lively imagination on the part of the prosecution, it nevertheless runs afoul of the United States Constitution. Here, the evidence presented by the prosecution delivered to the jury statements by named co-actors, not available for cross-examination, accusing Ray of the very crimes with which he stood charged. However cleverly presented, the evidence was a clear violation of Ray's constitutional right of confrontation. While the government asserts that 'a number of witnesses placed Ray among the group of people involved in the shooting' (Appellee's Brief at 5-6), none of these witnesses could place Ray at the scene of the shootings, with a weapon in his hand. To accept the government's position that the statements were offered only to create the setting for Ray's response, and therefore admissible, would set the stage to eliminate, in most cases, the confrontation right 'enjoyed by the accused.'"

Reversed and Remanded.

08-2825 Ray v. Boatwright

Appeal from the United States District Court for the Eastern District of Wisconsin, Griesbach, J., Bauer, J.

Full Text