Roberts v. Russell

Bruton v. United States, 391 U.S. 123, which overruled Delli Paoli v. United States, 352 U.S. 232, and held that, despite instructions to the jury to disregard implicating statements in determining a codefendant's guilt or innocence, admission at a joint trial of a defendant's extrajudicial confession implicating a codefendant violates the codefendant's Sixth Amendment right to cross-examination, is to be applied retroactively, both to state and federal prosecutions.

Certiorari granted; judgment vacated and remanded.

George F. McCanless, Attorney General of Tennessee, and Paul E. Jennings, Assistant Attorney General, for respondent.

PER CURIAM.