Page:Samia v. United States.pdf/15

Rh under the Confrontation Clause.” 391 U. S., at 126. Yet, the Court reasoned that “there are some contexts in which the risk that the jury will not, or cannot, follow instructions is so great, and the consequences of failure so vital to the defendant, that the practical and human limitations of the jury system cannot be ignored.” Id., at 135. Accordingly, in the Court’s view, “the introduction of Evans’ confession posed a substantial threat to [Bruton]’s right to confront the witnesses against him.” Id., at 137.

Later, in Richardson, the Court declined to expand the Bruton rule to a redacted confession that inculpated the defendant only when viewed in conjunction with other evidence. There, Clarissa Marsh, Benjamin Williams, and Kareem Martin were each charged with assault and murder. 481 U. S., at 202. Marsh and Williams were tried jointly for the crime. Ibid. And, at trial, the State introduced Williams’ confession, taken by police shortly after his arrest. Id., at 203. As introduced, however, “[t]he confession was redacted to omit all reference to [Marsh]—indeed, to omit all indication that anyone other than Martin and Williams participated in the crime.” Ibid. The confession largely corroborated the victim’s testimony and additionally described a conversation between Williams and Martin as they drove to the scene of the crime: “[A]ccording to Williams, Martin said that he would have to kill the victims after the robbery.” Id., at 204. Following the confession’s admission, the trial judge instructed the jury not to use it against Marsh in any way, an instruction reiterated in the jury charge at the conclusion of trial. Id., at 204–205. In her testimony, however, Marsh volunteered that, during the drive to the crime scene, she “ ‘knew that [Martin and Williams] were talking’ but could not hear the conversation because ‘the radio was on and the speaker was right in [her] ear.’ ” Id., at 204 (alternations in original). Both Marsh and