Case Information
*1 P R E L I M I N A R Y P R I N T Volume 599 U. S. Part 1 Pages 635–669 OFFICIAL REPORTS OF
THE SUPREME COURT June 23, 2023
REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. *2 OCTOBER TERM, 2022
Syllabus
SAMIA, aka SAMIC v . UNITED STATES certiorari to the united states court of appeals for
the second circuit
No. 22–196. Argued March 29, 2023—Decided June 23, 2023
Petitioner Adam Samia, along with Joseph Hunter and Carl Stillwell, was
arrested by the U. S. Drug Enforcement Administration and charged with a variety of offenses related to the murder-for-hire of Catherine Lee, a real-estate broker. The Government tried all three defendants jointly in the Southern District of New York. Prior to trial, the Gov- ernment moved to admit Stillwell's postarrest confession in which he admitted that he had been in the van in which Lee was killed, but he claimed that Samia had shot Lee. Since Stillwell would not be testify- ing on his own behalf and the full confession implicated Samia, the Gov- ernment proposed that the confession be introduced through the testi- mony of a DEA agent, who would testify to the content of Stillwell's confession in a way that eliminated Samia's name while avoiding any obvious indications of redaction. The District Court granted the Gov- ernment's motion with additional alterations to conform to its under- standing of this Court's Confrontation Clause precedents. At trial, the Government's theory of the case was that Hunter had hired Samia and Stillwell to pose as real-estate buyers and visit proper- ties with Lee and that Samia, Stillwell, and Lee were in a van driven by Stillwell when Samia shot Lee. As part of the Government's case in chief, a DEA agent testifed that Stillwell had confessed to “a time when the other person he was with pulled the trigger on that woman in a van that he and Mr. Stillwell was driving.” (Emphasis added.) Other portions of the agent's testimony recounting Stillwell's confession used the “other person” descriptor to refer to someone with whom Still- well had traveled and lived and who carried a particular frearm. Both before the agent's testimony and again prior to deliberations, the Dis- trict Court instructed the jury that the agent's testimony about Still- well's confession was admissible only as to Stillwell and should not be considered as to Samia or Hunter. Samia and his codefendants were convicted on all counts. On appeal, Samia argued that the admission of Stillwell's confession was constitutional error because other evidence and statements at trial enabled the jury to immediately infer that the “other person” described in the confession was Samia himself. The Sec- ond Circuit, pointing to the established practice of replacing a defend- ant's name with a neutral noun or pronoun in a nontestifying codefend- v.
Syllabus
ant's confession, held that the admission of Stillwell's confession did not violate Samia's Confrontation Clause rights.
Held : The Confrontation Clause was not violated by the admission of a
nontestifying codefendant's confession that did not directly inculpate the defendant and was subject to a proper limiting instruction. Pp. 643–655.
(a) Stillwell's formal, Mirandized confession to authorities is testimo- nial and thus falls within the ambit of the Sixth Amendment's Confron- tation Clause, which forbids the introduction of out-of-court “testimo- nial” statements unless the witness is unavailable and the defendant has had the chance to cross-examine the witness previously. See Crawford v. Washington , 541 U. S. 36, 52–54. The Clause, however, applies only to witnesses “against the accused.” , at 50. And “[o]rdinarily, a wit- ness whose testimony is introduced at a joint trial is not considered to be a witness `against' a defendant if the jury is instructed to consider that testimony only against a codefendant.” Richardson v. Marsh , 481 U. S. 200, 206. This general rule is consistent with the Clause's text, historical practice, and the law's reliance on limiting instructions in other contexts. Pp. 643–647.
(1) Longstanding practice permitted a nontestifying codefendant's confession to be admitted in a joint trial so long as the jury was properly instructed not to consider it against the nonconfessing defendant. This practice is identifed in early treatises, see, e. g. , S. Phillipps, Law of Evidence 82; in the early cases of this Court, see, e. g. , Sparf v. United States , 156 U. S. 51, 58; United States v. Ball , 163 U. S. 662, 672; and in many States with a similar constitutional right of confrontation, see, e. g. , State v. Workman , 15 S. C. 540, 545. Notably, none of these trea- tises or cases suggests that a confession naming a codefendant must in all cases be altered to refer to “another person” (or something similar). Thus, while it is unclear that any alteration to Stillwell's confession was necessary, historical practice suggests that altering a nontestifying co- defendant's confession not to name the defendant, coupled with a limit- ing instruction, was enough to permit the introduction of such confes- sions at least as an evidentiary matter. Pp. 644–646.
(2) This historical practice is in accord with the law's broader as- sumption that jurors will “ `attend closely the particular language of [limiting] instructions in a criminal case and strive to understand, make sense of, and follow' ” them. United States Olano , 507 U. S. 725, 740. And the presumption that jurors follow limiting instructions applies to statements that are substantially more credible and inculpatory than a codefendant's confession. See, e. g. , Harris New York , 401 U. S. 222, 223–225. To disregard or to make unnecessary exceptions to this prin- ciple “would make inroads into th[e] entire complex code of . . . criminal
Syllabus
evidentiary law, and would threaten other large areas of trial jurispru- dence.” Spencer Texas , 385 U. S. 554, 562. Pp. 646–647.
(b) The Court in Bruton v. United States , 391 U. S. 123, “recognized a narrow exception to” the presumption that juries follow their instruc- tions, holding “that a defendant is deprived of his Sixth Amendment right of confrontation when the facially incriminating confession of a nontestifying codefendant is introduced at their joint trial,” even with a proper instruction. Richardson , 481 U. S., at 207. In Bruton , the prosecution introduced a confession by Bruton's codefendant that impli- cated Bruton by name. The Court held that the confession's introduc- tion substantially threatened Bruton's right to confront the witnesses against him, reasoning 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.” 391 U. S., at 135.
In Richardson v. Marsh , the Court “decline[d] to extend [ Bruton ] further” to “confessions that do not name the defendant.” 481 U. S., at 211. Richardson involved a redacted confession that “was not incrimi- nating on its face, and became so only when linked with evidence intro- duced later at trial.” Id. , at 208. In such cases of inferential incrimi- nation, the Court posited that “the judge's instruction may well be successful in dissuading the jury from entering onto the path of infer- ence.” Ibid.
The Court in Gray Maryland , 523 U. S. 185, 194, later qualifed Richardson by holding that certain obviously redacted confessions might be “directly accusatory,” and thus fall within Bruton 's rule, even if they did not specifcally use a defendant's name. Gray involved whether admission of a co-defendant's confession altered “by substitut- ing for the defendant's name in the confession a blank space or the word `deleted' ” violated the Confrontation Clause. Id. , at 188. The Court in Gray concluded that, when a redacted confession “simply replace[s] a name with an obvious blank space or a word such as `deleted' or a sym- bol or other similarly obvious indications of alteration,” the evidence “so closely resemble[s] Bruton 's unredacted statements that . . . the law must require the same result.” , at 192. Pp. 647–652.
(c) The Court's precedents in this area distinguish between confes- sions that directly implicate a defendant and those that do so indirectly. Accordingly, neither , Richardson , nor Gray provides license to fyspeck trial transcripts in search of evidence that could give rise to a collateral inference that a defendant was named in an altered confession. Here, the District Court's admission of Stillwell's confession, accompa- nied by a limiting instruction, did not run afoul of this Court's prece-
Syllabus
dents. Stillwell's confession was redacted to avoid naming Samia, sat- isfying 's rule. And, it was not obviously redacted in a manner resembling the confession in Gray ; the neutral references to some “other person” were not akin to an obvious blank or the word “deleted.” Pp. 652–654. (d) Expanding Bruton in the way Samia proposes would be inconsist-
ent with longstanding practice and this Court's precedents, would work an unnecessary and imprudent change in law, and would require federal and state trial courts to conduct extensive pretrial hearings. Because it would be impractical to fully police juror inferences, the likely practi- cal consequence of extending Bruton here would be to mandate sever- ance whenever the prosecution wishes to introduce the confession of a nontestifying codefendant in a joint trial. But, as the Court has ob- served, that is “too high” a price to pay. Richardson, 481 U. S., at 210. Samia's proposal is not compelled by the Confrontation Clause, and it ignores both the “vital role” joint trials play in the criminal justice sys- tem, and the fact that confessions are “ `essential to society's compelling interest in fnding, convicting, and punishing those who violate the law.' ” , at 209–210. Pp. 654–655.
Affrmed.
Thomas , J., delivered the opinion of the Court, in which Roberts , C. J., and Alito , Gorsuch , and Kavanaugh , JJ., joined, and in which Barrett , J., joined as to all but Part II–A. Barrett , J., fled an opinion concurring in part and concurring in the judgment, post , p. 655. Kagan , J., fled a dissenting opinion, in which Sotomayor and Jackson , JJ., joined, post , p. 657. Jackson , J., fled a dissenting opinion, post , p. 667.
Kannon K. Shanmugam argued the cause for petitioner. With him on the briefs were William T. Marks, Brian M. Lipshutz, and Matteo Godi.
Caroline A. Flynn argued the cause for the United States. With her on the brief were Solicitor General Prelogar, As- sistant Attorney General Polite, Deputy Solicitor General Feigin, and Kevin J. Barber. *
*Briefs of amici curiae urging reversal were fled for Law Professors by Brandon Duke ; for the National Association of Criminal Defense Law- yers et al. by Jonathan Y. Ellis, Gregory J. DuBoff, Jeffrey L. Fisher, and David D. Cole ; for the New York Council of Defense Lawyers by Harry Sandick ; and for Retired Federal Judges et al. by Ginger D. Anders and Xiaonan April Hu . Michael R. Huston, David Watnick, Keith M. Do-
Justice Thomas delivered the opinion of the Court. Prosecutors have long tried criminal defendants jointly in cases where the defendants are alleged to have engaged in a common criminal scheme. However, when prosecutors seek to introduce a nontestifying defendant's confession implicat- ing his codefendants, a constitutional concern may arise. The Confrontation Clause of the Sixth Amendment states that, “[i]n all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.” And, in Bruton United States , 391 U. S. 123 (1968), this Court “held that a defendant is deprived of his rights under the Confrontation Clause when his nontestifying co- defendant's confession naming him as a participant in the crime is introduced at their joint trial, even if the jury is in- structed to consider that confession only against the codefend- ant.” Richardson Marsh , 481 U. S. 200, 201–202 (1987). noghue, and Stacie Fahsel fled a brief for the National Association of Federal Defenders as amicus curiae urging vacatur.
A brief of amici curiae urging affrmance was fled for the Common- wealth of Pennsylvania et al. by Michelle A. Henry, Acting Attorney Gen- eral of Pennsylvania, Ronald Eisenberg, Chief Deputy Attorney General, James A. Donahue III, First Deputy Attorney General, Susan E. Af- fronti, Senior Deputy Attorney General, and Michele K. Walsh, Executive Deputy Attorney General, by Patrick J. Griffn, Chief State's Attorney of Connecticut, and by the Attorneys General for their respective States as follows: Steve Marshall of Alabama, Treg Taylor of Alaska, Tim Griffn of Arkansas, Phil Weiser of Colorado, Kathleen Jennings of Delaware, Ashley Moody of Florida, Christopher M. Carr of Georgia, Raúl R. Labra- dor of Idaho, Brenna Bird of Iowa, Daniel Cameron of Kentucky, Jeff Landry of Louisiana, Aaron M. Frey of Maine, Anthony G. Brown of Maryland, Dana Nessel of Michigan, Keith Ellison of Minnesota, Lynn Fitch of Mississippi, Aaron D. Ford of Nevada, John M. Formella of New Hampshire, Matthew J. Platkin of New Jersey, Josh Stein of North Caro- lina, Drew H. Wrigley of North Dakota, Dave Yost of Ohio, Gentner F. Drummond of Oklahoma, Ellen F. Rosenblum of Oregon, Alan Wilson of South Carolina, Marty J. Jackley of South Dakota, Jonathan Skrmetti of Tennessee, Sean D. Reyes of Utah, Charity R. Clark of Vermont, and Jason S. Miyares of Virginia.
Here, we must determine whether the Confrontation Clause bars the admission of a nontestifying codefendant's confession where (1) the confession has been modifed to avoid directly identifying the nonconfessing codefendant and (2) the court offers a limiting instruction that jurors may consider the confession only with respect to the confessing codefendant. Considering longstanding historical practice, the general presumption that jurors follow their instructions, and the relevant precedents of this Court, we conclude that it does not.
I
Petitioner Adam Samia traveled to the Philippines in 2012 to work for crime lord Paul LeRoux. While there, LeRoux tasked Samia, Joseph Hunter, and Carl Stillwell with killing Catherine Lee, a local real-estate broker who LeRoux be- lieved had stolen money from him. Lee was found dead shortly thereafter, shot twice in the face at close range.
Later that year, LeRoux was arrested by the U. S. Drug Enforcement Administration (DEA) and became a cooperat-
ing witness for the Government. Hunter, Samia, and Still- well were arrested thereafter. During a search of Samia's home, law enforcement found a camera containing surveil- lance photographs of Lee's home as well as a key to the van in which Lee had been murdered. And, during Stillwell's arrest, law enforcement found a cell phone containing thumb- nail images of Lee's dead body. Later, during a postarrest interview with DEA agents, Stillwell waived his rights under Miranda Arizona , 384 U. S. 436 (1966), and gave a confession. Stillwell admitted that he had been in the van when Lee was killed, but he claimed that he was only the driver and that Samia had shot Lee.
The Government charged all three men in a multicount indictment. Samia and Stillwell were each charged with conspiracy to commit murder-for-hire, in violation of 18 U. S. C. § 1958(a); murder-for-hire, in violation of § 1958(a); conspiracy to murder and kidnap in a foreign country, in vio- 641 lation of § 956(a)(1); causing death with a frearm during and in relation to a crime of violence, in violation of §§ 924(c) (1)(A) and ( j); and conspiracy to launder money, in violation of § 1956(h). Hunter was charged with all but the money- laundering count. Thereafter, the Government tried all three men jointly in the Southern District of New York. While Hunter and Stillwell admitted that they had partici- pated in the murder, Samia maintained his innocence.
Prior to trial, the Government moved in limine to admit Stillwell's confession. But, because Stillwell would not tes- tify and the full confession inculpated Samia, the Govern- ment proposed that an agent testify as to the content of Still- well's confession in a way that eliminated Samia's name while avoiding any obvious indications of redaction. The District Court granted the Government's motion but required fur- ther alterations to ensure consistency with its understanding of this Court's Confrontation Clause precedents, including . At trial, the Government's theory of the case was that Hunter had hired Samia and Stillwell to pose as real-estate buyers and visit properties with Lee. The Government also sought to prove that Samia, Stillwell, and Lee were in a van that Stillwell was driving when Samia shot Lee. During its case in chief, in accordance with the court's ruling on its motion in limine , the Government presented testimony about Stillwell's confession through DEA Agent Eric Stouch. Stouch recounted the key portion of Stillwell's confession im- plicating Samia as follows:
“Q. Did [Stillwell] say where [the victim] was when she was killed?
[1] This Court has never opined as to whether rewriting a confession may serve as a proper method of redaction. See Richardson Marsh , 481 U. S. 200, 203, n. 1 (1987). Because the parties do not argue that the District Court's imposition of further redactions was inappropriate in this case, we do not consider the issue here either.
“A. Yes. He described a time when the other person he was with pulled the trigger on that woman in a van that he and Mr. Stillwell was driving.” App. 76 (emphasis added).
Other portions of Stouch's testimony also used the “other person” descriptor to refer to someone with whom Stillwell had traveled and lived and who carried a particular frearm. During Stouch's testimony, the District Court instructed the jury that his testimony was admissible only as to Stillwell and should not be considered as to Samia or Hunter. The District Court later provided a similar limiting instruction before the jury began its deliberations.
The jury convicted Samia and his codefendants on all counts, and the District Court subsequently denied Samia's post-trial motions. The District Court then sentenced Samia to life plus 10 years' imprisonment.
Samia appealed to the Second Circuit. On appeal, and as relevant here, he argued that the admission of Stillwell's con- fession—even as altered and with a limiting instruction—
was constitutional error because other evidence and state- ments at trial enabled the jury to immediately infer that the “other person” described in the confession was Samia him- self. He noted that, during opening statements, the Govern- ment had asserted that Stillwell drove the van while Samia “was in the passenger seat,” and that Samia pulled out a gun, “turned around, aimed carefully and shot [Lee].” Id ., at 52. He also pointed out that the Government had stated that “Stillwell admitted to driving the car while the man he was with turned around and shot [Lee].” Id ., at 58. So, even though Samia's position in the van and shooting of Lee were relevant to the Government's theory of the case with or with- out Stillwell's confession, Samia argued that those state- ments would allow the jury to infer that he was the “other person” in Stillwell's confession.
Samia made the same argument with respect to several pieces of trial evidence. For example, he pointed out that the Government had elicited testimony that Samia and Still- well coordinated their travel to the Philippines and lived to- gether there. Samia noted that there was testimony that he had the type of gun that was used to shoot Lee. And, he emphasized that, in its closing argument, the Government argued to the jury that video evidence showing Hunter speaking about hiring two men to murder Lee was “admissi- ble against all three defendants,” allowing the jury to infer that Samia and Stillwell were co-conspirators. Id ., at 199. Finally, Samia argued that, while discussing Stillwell's con- fession, the prosecution had recounted how Stillwell “de- scribed a time when the other person he was with [in the Philippines] pulled the trigger on that woman in a van that Stillwell was driving.” Ibid .
The Second Circuit rejected Samia's view, holding that the admission of Stillwell's confession did not violate Samia's Confrontation Clause rights. Applying Circuit precedent, it pointed to the established practice of replacing a defendant's name with a neutral noun or pronoun in a nontestifying co- defendant's confession. The Second Circuit also noted that its inquiry considered the altered confession separate from the other evidence that had been introduced at trial.
We granted certiorari to determine whether the admission of Stillwell's altered confession, subject to a limiting instruc- tion, violated Samia's rights under the Confrontation Clause. 598 U. S. ––– (2022).
II
The Sixth Amendment's Confrontation Clause guarantees the right of a criminal defendant “to be confronted with the witnesses against him.” As we have explained, this Clause forbids the introduction of out-of-court “testimonial” state- ments unless the witness is unavailable and the defendant has had the chance to cross-examine the witness previously. See Crawford Washington , 541 U. S. 36, 53–54 (2004). Be- cause Stillwell's formal, Mirandized confession to authorities, which the Government sought to introduce at trial, is testi- monial, it falls within the Clause's ambit. See id. , at 52 (“Statements taken by police offcers in the course of interro- gations are . . . testimonial under even a narrow standard”); Melendez-Diaz Massachusetts , 557 U. S. 305, 329 (2009) ( Thomas, J. , concurring) (explaining that “the Confrontation Clause is implicated by extrajudicial statements . . . con- tained in formalized testimonial materials, such as affda- vits, depositions, prior testimony, or confessions” (internal quotation marks omitted)). Nonetheless, the Confrontation Clause applies only to witnesses “against the accused.” Crawford , 541 U. S., at 50. And, “[o]rdinarily, a witness whose testimony is introduced at a joint trial is not consid- ered to be a witness `against' a defendant if the jury is in- structed to consider that testimony only against a codefend- ant.” Richardson , 481 U. S., at 206. This general rule is consistent with the text of the Clause, historical practice, and the law's reliance on limiting instructions in other contexts. A
For most of our Nation's history, longstanding practice al- lowed a nontestifying codefendant's confession to be ad- mitted in a joint trial so long as the jury was properly in- structed not to consider it against the nonconfessing defendant. While some courts would omit the defendant's name or substitute a reference to “another person” (or the like), it is unclear whether any courts considered such alter- ations to be necessary as a categorical matter. In any event, the combination of such alterations and an appropriate limit- ing instruction was generally suffcient to permit the intro- duction of such confessions.
One early treatise explained that, when “some part of [a confession] concerns other prisoners who are tried on the same indictment,” “all that can be done is to direct the jury not to take into their consideration such parts as affect the other prisoners.” S. Phillipps, Law of Evidence 82 (1816). Another noted that, in English practice, where confessions were not admissible against third persons, “the names of such persons were by most judges ordered to be omitted,” but “by other judges the names were ordered read and the jury instructed not to use the confession against them.” 3 J. Wigmore, Evidence § 2100, p. 2841, and n. 5 (1904). “In the United States[,] the latter practice [was] favored.” Id ., n. 5.
Considerable authority supports this approach. In Sparf v. United States , 156 U. S. 51, 58 (1895), the Court held that, because codefendant declarations “were not, in any view of the case, competent evidence against” another defendant, the trial court should have admitted them as evidence only against their respective declarants. Just one year later, in United States Ball , 163 U. S. 662, 672 (1896), a case involv- ing a joint murder trial of three defendants, the Court ap- proved the use of a limiting instruction to restrict the jury's consideration of one defendant's incriminatory statements made after the killing had occurred. Citing Sparf , the Court emphasized that the trial judge had “said, in the pres- ence of the jury, that, of course, [the one defendant's declara- tions] would be only evidence against him.” 163 U. S., at 672. State practice was in accord, permitting the introduc- tion of nontestifying codefendants' confessions subject only to a limiting instruction. See, e. g. , State v. Workman , 15 S. C. 540, 545 (1881); Jones Commonwealth , 72 Va. 836, 839–840 (1878). And, though the Federal Confrontation Clause did not apply to these proceedings, state constitutions contained similar terms. See 5 J. Wigmore, Evidence § 1397, pp. 155–158, n. 1 (J. Chadbourn rev. 1974) (noting that virtu- ally every state constitution during the relevant period con- tained a provision substantially equivalent to the Federal Confrontation Clause).
Notably, none of the early treatises or cases to which the parties have referred, or that we have discovered, suggests that a confession naming a codefendant must in all cases be edited to refer to “another person” (or something similar) v. such that the codefendant's name is not included in the con- fession. Accordingly, while it is unclear whether alteration of any kind was necessary, historical practice suggests at least that altering a nontestifying codefendant's confession not to name the defendant, coupled with a limiting instruc- tion, was enough to permit the introduction of such confes- sions at least as an evidentiary matter.
B
This historical evidentiary practice is in accord with the law's broader assumption that jurors can be relied upon to follow the trial judge's instructions. Evidence at trial is often admitted for a limited purpose, accompanied by a limit- ing instruction. And, our legal system presumes that jurors will “ `attend closely the particular language of [such] instruc- tions in a criminal case and strive to understand, make sense of, and follow' ” them. United States v. Olano , 507 U. S. 725, 740 (1993). The Court has presumed, for example, that jurors will fol-
low instructions to consider a defendant's prior conviction only for purposes of a sentence enhancement and not in de- termining whether he committed the criminal acts charged. Marshall v. Lonberger , 459 U. S. 422, 438, and n. 6 (1983). This presumption works in tandem with a defendant's Fifth Amendment right not to testify against himself, by ensuring that jurors do not draw an adverse inference from his choice not to testify. Lakeside Oregon , 435 U. S. 333, 338–341 (1978). It also applies to situations with potentially life-and- death stakes for defendants: A limiting instruction may be used to instruct jurors to consider mitigating evidence for purposes of one defendant and not another at the sentencing stage of a joint capital trial. Kansas Carr , 577 U. S. 108, 124–125 (2016).
Of particular relevance here, the presumption that jurors follow limiting instructions applies to statements that are often substantially more credible and inculpatory than a co- defendant's confession. For example, this Court has held that statements elicited from a defendant in violation of Mi- randa can be used to impeach the defendant's credibility, provided the jury is properly instructed not to consider them as evidence of guilt. Harris v. New York , 401 U. S. 222, 223– 225 (1971). Such statements, elicited from the defendant himself, are often some of the most compelling evidence of guilt available to a jury. By contrast, jurors may cast a crit- ical eye on accomplice testimony—and, in particular, self- serving accomplice testimony like Stillwell's that accuses an- other of the most culpable conduct.
The presumption credits jurors by refusing to assume that they are either “too ignorant to comprehend, or were too unmindful of their duty to respect, instructions” of the court. Pennsylvania Co. v. Roy , 102 U. S. 451, 459 (1880). More- over, to disregard or to make unnecessary exceptions to it “would make inroads into th[e] entire complex code of . . . criminal evidentiary law, and would threaten other large areas of trial jurisprudence.” Spencer Texas , 385 U. S. 554, 562 (1967). As explained below, we have no reason to do so here.
III
In Bruton v. United States , this Court “recognized a nar- row exception to” the presumption that juries follow their instructions, holding “that a defendant is deprived of his Sixth Amendment right of confrontation when the facially incriminating confession of a nontestifying codefendant is in- troduced at their joint trial,” even with a proper instruction. Richardson , 481 U. S., at 207. In Richardson Marsh , the Court “decline[d] to extend [ Bruton ] further” to “confessions that do not name the defendant.” , at 211. Gray v. Maryland , 523 U. S. 185, 194 (1998), later qualifed Richard- son by holding that certain obviously redacted confessions might be “directly accusatory,” and thus fall within 's rule, even if they did not specifcally use a defendant's name.
648
Thus, the Court's precedents distinguish between confes- sions that directly implicate a defendant and those that do so indirectly. Under these precedents, and consistent with the longstanding historical practice discussed above, the in- troduction here of Stillwell's altered confession coupled with a limiting instruction did not violate the Confrontation Clause.
A
In , the Court considered the joint trial of George Bruton and William Evans for armed postal robbery. 391 U. S., at 124. During two pretrial interrogations, Evans confessed to a postal inspector that he and Bruton—whom he implicated by name—had committed the robbery. Ibid. The confession was introduced at trial, coupled with a limit- ing instruction that it not be used against Bruton. Id ., at 124–125, and n. 1. This Court held that, “because of the substantial risk that the jury, despite instructions to the con- trary, looked to the incriminating extrajudicial statements in determining [Bruton]'s guilt, admission of Evans' confession in this joint trial violated [Bruton]'s right of cross-examina- tion secured by the Confrontation Clause of the Sixth Amendment.” Id ., at 126.
The Court acknowledged that a defendant is “ `entitled to a fair trial but not a perfect one' ” and conceded that “[i]t is not unreasonable to conclude that in many . . . cases the jury can and will follow the trial judge's instructions to disregard [certain] information.” , at 135 (quoting Lutwak v. United States , 344 U. S. 604, 619 (1953)). It even acknowl- edged that, “[i]f it were true that the jury disregarded the reference to [Bruton], no question would arise 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 defend- 649 ant, that the practical and human limitations of the jury sys- tem 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 wit- nesses against him.” Id. , at 137.
Later, in Richardson , the Court declined to expand the Bruton rule to a redacted confession that inculpated the de- fendant only when viewed in conjunction with other evi- dence. There, Clarissa Marsh, Benjamin Williams, and Kar- eem 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 Wil- liams' 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 de- scribed 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 admis- sion, 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. , at 204–205. In her testimony, however, Marsh volunteered that, during the drive to the crime scene, she “ `knew that [Martin and Wil- liams] were talking' but could not hear the conversation be- cause `the radio was on and the speaker was right in [her] ear.' ” Id ., at 204 (alternations in original). Both Marsh and Williams were convicted. Id ., at 205.
In considering the introduction of Williams' confession, this Court noted that, “[o]rdinarily, a witness whose testi- mony is introduced at a joint trial is not considered to be a *17 650
witness `against' a defendant if the jury is instructed to con- sider that testimony only against a codefendant,” emphasiz- ing the “almost invariable assumption of the law that jurors follow their instructions.” , at 206. It then explained that Bruton represented a “narrow exception to this princi- ple.” 481 U. S., at 207. Whereas the confession in Bruton had “ `expressly implicat[ed]' the defendant as his accom- plice,” the confession in Richardson “was not incriminating on its face, and became so only when linked with evidence introduced later at trial.” 481 U. S., at 208 (citing , 391 U. S., at 124, n. 1). The former evidence, the Court ex- plained, is “more vivid” and thus “more diffcult to thrust out of mind.” 481 U. S., at 208. Additionally, in the case of inferential incrimination, the Court posited that “the judge's instruction may well be successful in dissuading the jury from entering onto the path of inference,” leaving “no in- crimination to forget.” Ibid. [2] Gray then confronted a question Richardson expressly left open: whether a confession altered “by substituting for the defendant's name in the confession a blank space or the word `deleted' ” violated the Confrontation Clause. 523 U. S., at 188; see also Richardson , 481 U. S., at 211, n. 5. In Gray , the Court considered Anthony Bell's confession to Baltimore police, implicating himself, Kevin Gray, and co- conspirator Jacquin Vanlandingham in a murder. 523 U. S., at 188. The prosecution sought to introduce the confession at trial, and the trial judge required that it be redacted to [2] The Court ended on a cautionary note, explaining that the prosecutor had linked Marsh with Williams' confession in his closing argument. Thus, the Court observed, “the prosecutor [had] sought to undo the effect of the limiting instruction by urging the jury to use Williams' confession in evaluating [Marsh's] case.” 481 U. S., at 211. If a claim of error on this count were preserved, the Court suggested that relief could be appro- priate. Ibid .
use the word “deleted” or “deletion” whenever Gray's or Vanlandingham's names appeared. Ibid. At trial, the prosecution had a police detective read the confession aloud to the jury verbatim, substituting the words “deleted” or “deletion” for Gray's or Vanlandingham's names. [3] Ibid. “Immediately after” the detective fnished reading the con- fession, “the prosecutor asked, `after he gave you that in- formation, you subsequently were able to arrest Mr. Kevin Gray; is that correct?' The offcer responded, `That's cor- rect.' ” Id. , at 188–189. In instructing the jury at the close of trial, the judge specifed that Bell's confession was evi- dence only against Bell, admonishing the jury not to use the confession as evidence against Gray. Id. , at 189. The jury convicted Bell and Gray.
This Court held that the confession was inadmissible under Bruton . It frst noted that, “unlike Richardson 's redacted confession, [Bell's] confession refer[red] directly to the `exist- ence' of the nonconfessing defendant.” 523 U. S., at 192. The Court then concluded that, when a redacted confession “simply replace[s] a name with an obvious blank space or a word such as `deleted' or a symbol or other similarly obvious indications of alteration,” the evidence “so closely resem- ble[s] 's unredacted statements that . . . the law must require the same result.” Ibid. The Court reasoned that such “obvious blank[s]” would cause the jurors to speculate as to whom the omitted individual may be, “lift[ing their] eyes to [the nonconfessing defendant], sitting at counsel table, to fnd what will seem the obvious answer,” as the judge's “instruction will provide an obvious reason for the blank.” , at 193. It also reasoned that “statements re- dacted to leave a blank or some other similarly obvious alter- ation” were “directly accusatory,” “point[ing] directly to the defendant . . . in a manner similar to Evans' use of Bruton's [3] The prosecution also introduced a written copy of the confession with Gray's and Vanlandigham's names omitted, “leaving in their place blank white spaces separated by commas.” Gray , 523 U. S., at 189. name or to a testifying codefendant's accusatory fnger.” Id. , at 194.
While the Court “concede[d] that Richardson placed out- side the scope of Bruton 's rule those statements that incrim- inate inferentially,” it explained that “inference pure and simple cannot make the critical difference, for if it did, then Richardson would also place outside Bruton 's scope confes- sions that use shortened frst names, nicknames, [and] de- scriptions as unique as the `red-haired, bearded, one-eyed man-with-a-limp.' ” Id. , at 195. The Court elaborated:
“That being so, Richardson must depend in signifcant part upon the kind of, not the simple fact of, inference. Richardson 's inferences involved statements that did not refer directly to the defendant himself and which became incriminating `only when linked with evidence introduced later at trial.' 481 U. S., at 208. The infer- ences at issue here involve statements that, despite re- daction, obviously refer directly to someone, often obvi- ously the defendant, and which involve inferences that a
jury ordinarily could make immediately, even were the confession the very frst item introduced at trial.” Id. , at 196.
Finally, the Court stressed that its holding, which addressed only obviously redacted confessions, was suffciently narrow to avoid “unnecessarily lead[ing] prosecutors to abandon the [relevant] confession or joint trial.” , at 197.
B
Viewed together, the Court's precedents distinguish be- tween confessions that directly implicate a defendant and those that do so indirectly. Richardson explicitly declined to extend 's “narrow exception” to the presumption that jurors follow their instructions beyond those confessions that occupy the former category. 481 U. S., at 207. Gray qualifed but confrmed this legal standard, reiterating that the Bruton rule applies only to “directly accusatory” incrimi- nating statements, as distinct from those that do “not refer directly to the defendant” and “bec[o]me incriminating only when linked with evidence introduced later at trial.” 523 U. S., at 194, 196 (internal quotation marks omitted). Ac- cordingly, neither Bruton , Richardson , nor Gray provides license to fyspeck trial transcripts in search of evidence that could give rise to a collateral inference that the defendant had been named in an altered confession.
Here, the District Court's admission of Stillwell's confes- sion, accompanied by a limiting instruction, did not run afoul of this Court's precedents. Stillwell's confession was re- dacted to avoid naming Samia, satisfying Bruton 's rule. And, it was not obviously redacted in a manner resembling the confession in Gray ; the neutral references to some “other person” were not akin to an obvious blank or the word “de- leted.” In fact, the redacted confession is strikingly similar to a hypothetical modifed confession we looked upon favor- ably in Gray , where we posited that, instead of saying “ `[m]e, deleted, deleted, and a few other guys,' ” the witness could easily have said “ `[m]e and a few other guys.' ” 523 U. S., at 196. Accordingly, it “fall[s] outside the narrow exception [ ] created.” Richardson , 481 U. S., at 208.
Moreover, it would not have been feasible to further mod- ify Stillwell's confession to make it appear, as in Richardson , that he had acted alone. Stillwell was charged with conspir- acy and did not confess to shooting Lee. Consequently, the evidence of coordination between Stillwell and Lee's killer (whether Samia or not) was necessary to prove an essential element of the Government's case. In addition, editing the statement to exclude mention of the “other person” may have made it seem as though Stillwell and Lee were alone in the van at the time Lee was shot. Such a scenario may have led the jurors—who sat in judgment of both Samia and Still- well—to conclude that Stillwell was the shooter, an obviously prejudicial result.
IV
As described above, expanding the Bruton rule in the way Samia proposes would be inconsistent with longstanding practice and our precedents. It would also work an un- necessary and imprudent change in law, resulting in pre- cisely the practical effects that the Court rejected in Rich- ardson . The Confrontation Clause rule that Samia proposes would require federal and state trial courts to conduct exten- sive pretrial hearings to determine whether the jury could infer from the Government's case in its entirety that the de- fendant had been named in an altered confession. See Brief for Petitioner 16. That approach would be burdensome and “far from foolproof,” 481 U. S., at 209, and we decline to en- dorse it.
Indeed, it would be impractical to fully police juror infer- ences in the way Samia seems to suggest; in a criminal trial, all evidence that supports the prosecution's theory of the case is, to some extent, mutually reinforcing. Thus, the likely practical consequence of Samia's position would be to
mandate severance whenever the prosecution wishes to in- troduce the confession of a nontestifying codefendant in a joint trial. But, as this Court has observed, that is “too high” a price to pay. , at 210. Joint trials have long “play[ed] a vital role in the criminal justice system,” preserv- ing government resources and allowing victims to avoid re- peatedly reliving trauma. Id ., at 209; see also United States Marchant , 12 Wheat. 480, 482–483, 485 (1827) (Story, J.) (recognizing the crucial role of joint trials). Further, joint trials encourage consistent verdicts and enable more accu- rate assessments of relative culpability. See , 391 U. S., at 143 (White, J., dissenting) (“[S]eparate trials are apt to have varying consequences for legally indistinguishable defendants”). Also, separate trials “randomly favo[r] the last-tried defendants who have the advantage of knowing the prosecution's case beforehand.” Richardson , 481 U. S., at 210.
Opinion of Barrett, J.
Samia offers, as an alternative, that the Government may choose to forgo use of the confession entirely, thereby avoid- ing the need for severance. But, this ignores the fact that confessions are “ `essential to society's compelling interest in fnding, convicting, and punishing those who violate the law.' ” Ibid . And, as described above, Samia's proposal is not compelled by the Confrontation Clause.
* * *
The Confrontation Clause ensures that defendants have the opportunity to confront witnesses against them, but it does not provide a freestanding guarantee against the risk of potential prejudice that may arise inferentially in a joint trial. Here, the Clause was not violated by the admission of a nontestifying codefendant's confession that did not directly inculpate the defendant and was subject to a proper limit- ing instruction.
We therefore affrm the judgment of the Court of Appeals.
It is so ordered.
Justice Barrett , concurring in part and concurring in the judgment.
I agree that the admission of Stillwell's modifed confes- sion, together with a limiting instruction, did not violate the Confrontation Clause. But in my view, the historical evi- dence described in Part II–A, ante , is beside the point.
First is a timing problem. The evidence is largely from the late 19th and early 20th centuries—far too late to inform the meaning of the Confrontation Clause “at the time of the founding.” Crawford Washington , 541 U. S. 36, 54 (2004). The Court seems to agree, because it does not suggest that the history is probative of original meaning. But nor does it explain why this seemingly random time period matters. For whatever reason (the parties only speculate), there ap- pears to be little founding-era evidence illustrating how v.
Opinion of Barrett, J.
courts handled the admission of a codefendant's confession. So why not simply say that the history is inconclusive? And if we are going to pick up the thread in 1878, why drop it in 1896? Ante , at 645. Are cases from 1896 that much more important than cases from, say, the 1940s? While the Court makes a claim about “longstanding practice” for “most of our Nation's history,” ante , at 644, it describes only a snapshot.
That brings me to my second problem: the substance of the snapshot. The cited cases address the rules of evidence rather than the Confrontation Clause. Ante , at 644–646. On top of that, the two federal cases do not discuss the effective- ness of limiting instructions, much less any need for redac- tion. Sparf v. United States holds that the co-conspirator exception to the hearsay rule does not apply to statements made after the conspiracy has ended. 156 U. S. 51, 56 (1895). Emphasizing the trial court's error in admitting the state- ments against both defendants, the Court explained that the trial court should have admitted them against the speaker and excluded them against his codefendant. Id. , at 58. Neither limiting instructions nor redaction came up. United States Ball is similarly tangential to Samia's case. 163 U. S. 662 (1896). There, the Court held that the trial court had not abused its discretion in trying three codefend- ants together. , at 672. As support for that point, the Court noted that when the Government introduced the ad- missions of one defendant, “the [trial] court at once said, in the presence of the jury, that, of course, it would be only evidence against him, if he said anything; and the court was not afterwards requested to make any further ruling upon this point.” Ibid. The Court assumed in passing that the limiting instruction was effective—but the codefendants did not argue otherwise, and they did not ask the court to alter the statements.
The two state cases at least address (and endorse) the use of a limiting instruction after the admission of a codefend- ant's confession. State Workman, 15 S. C. 540, 545 (1881);
Kagan, J. , dissenting
Jones v. Commonwealth , 72 Va. 836, 839–840 (1878). One even holds that a trial court should not alter a statement by redacting a codefendant's name. Workman , 15 S. C., at 545. Like the federal cases, though, the state cases make no men- tion of the confrontation right. Same for the treatises cited by the Court. See S. Phillipps, Law of Evidence *82–*83 (1816); 3 J. Wigmore, Evidence § 2100, p. 2841, and n. 5 (1904). So for all we know, the cases cited by the Court and the treatises proceed from the premise that an ordinary hearsay rule, as opposed to a constitutional right, was on the line. That weakens the importance of these sources, because courts might have gone to greater lengths (for example, re- daction) to ensure that a jury did not consider a declaration whose admission would violate the State or Federal Consti- tution. Bruton United States , after all, grounds itself in the Sixth Amendment. 391 U. S. 123, 126 (1968).
At best, the evidence recounted in Part II–A shows that, during a narrow historical period, some courts assumed and others expressly held that a limiting instruction suffciently protected a codefendant from a declaration inadmissible on hearsay grounds. In suggesting anything more, the Court overclaims. That is unfortunate. While history is often important and sometimes dispositive, we should be discrimi- nating in its use. Otherwise, we risk undermining the force of historical arguments when they matter most.
Justice Kagan , with whom Justice Sotomayor and Justice Jackson join, dissenting.
Imagine a criminal case involving two defendants—John and Mary. John and Mary are arrested for robbing Bill. Before trial, John confesses to the robbery in an interview with police. But John does more than admit his own involvement; he also points a fnger at Mary. John says to the police: “Mary and I went out Saturday night and robbed Bill.” Mary, on the other hand, never confesses to the rob- bery. She maintains that she wasn't involved—in fact, that v.
Kagan, J. , dissenting
she never left her home on the night in question. The gov- ernment tries John and Mary together. At trial, it intro- duces a copy of John's confession into evidence, and has it read to the jury by the interviewing offcer. But John elects not to take the stand, leaving Mary's attorney without an opportunity to cross-examine him about his confession.
This Court's precedent bars the government from using John's confession in that way. The Confrontation Clause of the Sixth Amendment guarantees a criminal defendant the right “to be confronted with the witnesses against” her, which includes the right to cross-examine those witnesses. See Pointer Texas , 380 U. S. 400, 404–405 (1965). So when two defendants are tried jointly, the pretrial confession of one identifying the other as involved in the crime cannot be admitted unless the confessing defendant takes the stand. That is true, we held in Bruton v. United States , 391 U. S. 123 (1968), regardless of whether a judge instructs the jury to consider the evidence only against the confessor (John), and not against his co-defendant (Mary). Even with that kind of instruction, a “substantial risk” exists that the jury will impermissibly rely on John's confession when determin- ing Mary's guilt. , at 126.
Suppose, though, that the government redacts the confes- sion to eliminate Mary's name. Mary still sits in the court- room alongside John. But the version of the confession admitted into evidence now includes a blank space where Mary's name belongs. And when the interviewing offcer reads the confession to the jury, he says “deleted” in place of Mary's name. So instead of “Mary and I went out Saturday night and robbed Bill,” what the jury hears is “deleted and I went out Saturday night and robbed Bill.”
That confession, too, is inadmissible under our precedent. Though the confession no longer identifes Mary by name, the implication is obvious: A juror “need only lift his eyes to [Mary], sitting at counsel table,” to realize to whom “deleted” refers. Gray Maryland , 523 U. S. 185, 193 (1998). The
Kagan, J. , dissenting
redacted confession thus presents the same risk as the unre- dacted one—that the jury will consider it as evidence against Mary even if instructed not to. Because the confessions “so closely resemble” each other, we have held, “the law must require the same result.” , at 192.
Now consider one last option. The government again modifes the confession to avoid the express reference. But this time, instead of swapping Mary's name out for “deleted,” the government replaces it with the words “a woman.” The line read to the jury thus becomes: “A woman and I went out Saturday night and robbed Bill.” In the face of prece- dent that would bar the government from using either of the frst two versions of John's confession, a judge must decide what to do about this one. Would its admission, too, violate Mary's right of confrontation?
The answer should be obvious. A jury is still going to recognize that John is talking about Mary—for who else could the mystery “woman” be? This last version of the confession thus presents the same risk as the frst two: that jurors will rely on John's confession when assessing Mary's guilt. Yet in today's decision, the Court draws a line of con- stitutional signifcance between the frst two examples and the third. Confessions that use a defendant's name or a symbol of omission—clear Confrontation Clause violation. Confessions that replace a defendant's name with another placeholder—no Sixth Amendment problem, no matter how obvious the reference to the defendant. In so elevating form over substance, the majority permits an end-run around our precedent and undermines a vital constitutional protection for the accused.
I
Start with , the foundation of this Court's prece- dent on the introduction of confessions at joint trials. The government, we held in that case, cannot introduce a confes- sion by a non-testifying defendant that names a co-defendant as an accomplice. Admitting the confession against the co- v.
Kagan, J. , dissenting
defendant would violate her Sixth Amendment right to cross-examine witnesses. See 391 U. S., at 126. And an in- struction to the jury to disregard the confession when as- sessing the co-defendant's guilt cannot remove the constitu- tional problem. That is because of the effect that such a “powerfully incriminating extrajudicial statement[ ]” is likely to have on a jury. Id. , at 135–136. In this context, “the risk that the jury will not, or cannot, follow [the instruction] 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.” , at 135.
The Bruton rule applies even when an accusatory confes- sion does not expressly name the co-defendant. Bruton , we have held, bars the use of confessions “that replace[ ] a name with an obvious blank space or symbol or word such as `de- leted.' ” Gray , 523 U. S., at 189. (So the Bruton rule ex- tends beyond the frst John-and-Mary hypothetical to the second.) And similarly, Bruton bars the admission of “con- fessions that use shortened frst names, nicknames, [and] de- scriptions as unique as the `red-haired, bearded, one-eyed man-with-a-limp.' ” Gray , 523 U. S., at 195; accord, ante , at 652. The Court assumed, for example, that at a joint trial of four defendants—three Black, one white— Bruton re- quired the exclusion of two of the Black defendants' confes- sions because they referred to the “white guy” as a partici- pant in the crime. Harrington California , 395 U. S. 250, 252–253 (1969); see Gray , 523 U. S., at 195. Though confes- sions of that kind do not expressly name a non-confessing defendant, they still point directly at him. See id. , at 194. They thus raise the same constitutional concern—that jurors will consider the confession's accusation in evaluating the non-confessing defendant's guilt.
Until today, 's application turned on the effect a confession is likely to have on the jury, as a comparison of two of our decisions shows. In Richardson Marsh , 481 U. S. 200, 211 (1987), we approved the admission of a confes-
Kagan, J. , dissenting
sion “redacted to eliminate not only [a co-defendant's] name, but any reference to his or her existence.” Despite that complete redaction, the confession served to incriminate the co-defendant later in the trial, when her own testimony placed her in a car ride that the confession described. See id. , at 206, 208. But we thought that a confession that in- criminated only “by connection” with subsequent evidence was neither so “vivid” nor so “powerful[ ]” as a confession that “incriminat[ed] on its face.” Id. , at 208–209. For that reason, we thought, the jury was more “likely [to] obey the instruction” to disregard the confession as to the co-defend- ant. Id. , at 208. But we held in Gray that the calculus is different when a confession “refers directly to the `existence' of the nonconfessing defendant,” even though not by name. 523 U. S., at 192. Such a confession itself points a fnger at a co-defendant, so that the jury can “immediately” and “vivid[ly]” grasp how it implicates her. Id. , at 196. The impact is so similar to naming the defendant that “the law must require the same result.” Id. , at 192. In both situa- tions, the confession's “powerfully incriminating” effect “cre- ates a special, and vital, need for cross-examination”—just as if “the codefendant pointed directly to the defendant in the courtroom.” , at 194.
Consider against that backdrop the facts of this case. Petitioner Adam Samia was tried jointly with two co-defend- ants—Joseph Hunter and Carl David Stillwell—on charges related to a murder committed in the Philippines. Accord- ing to the prosecution's theory of the case, Paul LeRoux, the head of a transnational criminal organization, ordered the killing; and Hunter, one of LeRoux's managers, hired Samia and Stillwell as hitmen. Before trial, Stillwell confessed to federal agents that both he and Samia were present at the murder, but told them that Samia was the triggerman. On that version of events, Samia shot the victim in a van that Stillwell was driving. App. 42–43, 45. At trial, one of the agents testifed about Stillwell's confession, replacing Samia's
Kagan, J. , dissenting
name with placeholders like “somebody else” and “the other person.” Id. , at 75. So, for example, when the prosecutor asked the agent what Stillwell had said about his arrival in the Philippines, the agent answered: “He stated that he had met somebody else over there.” Ibid . And when asked whether Stillwell had recounted the crime, the agent testi- fed: “Yes. He described a time when the other person he was with pulled the trigger on that woman in a van that he and Mr. Stillwell was driving.” Id. , at 76.
From the jury's perspective, the identity of the triggerman would have been obvious. The jury knew from the start of trial that there were just three defendants. It knew based on the prosecutor's opening statement that those defendants were on trial for offenses related to a death in the Philip- pines. And it knew the role that each defendant allegedly played in the crime: Hunter had hired Stillwell and Samia as hitmen, and those two men carried out the murder. In fact, the prosecutor began his opening statement with the exact sequence of events Stillwell had described in his interview: The prosecutor told jurors that Samia “shot [the victim] twice in the face” while the victim “was riding in the back- seat of a van driven” by Stillwell. , at 52. So when the federal agent took the stand on day two of the trial, it didn't make a lick of difference that he didn't identify the shooter by name, but instead used placeholder terms. Any reason- able juror would have realized immediately—and without reference to any other evidence—that “the other person” who “pulled the trigger” was Samia.
That fact makes Stillwell's confession inadmissible under our Bruton precedent. The agent's testimony about the confession pointed a fnger straight at Samia, no less than if the agent had used Samia's name or called him “deleted.”
II
So how does the majority reach a contrary result? The nomenclature it adopts isn't the problem: In describing Bru-
Kagan, J. , dissenting
ton 's scope, the majority distinguishes “between confessions that directly implicate a defendant and those that do so indi- rectly.” Ante , at 648, 652. That distinction roughly tracks the one this Court has recognized between confessions that themselves incriminate a co-defendant (directly implicate) and those that become incriminating only when linked with later-introduced evidence (indirectly implicate). See supra , at 660–661. But the majority distorts that distinction be- yond recognition when applying it to the facts of this case. In one blink-and-you-miss-it paragraph of analysis, the ma- jority holds that Stillwell's confession does not “directly” im- plicate Samia for two reasons. It “was redacted to avoid naming Samia.” Ante , at 653. And the redaction was “not akin to an obvious blank or the word `deleted.' ” Ibid.
That analysis altogether fails to capture what our Bruton cases care about. This Court has already made clear that the frst fact relied on—that Stillwell's confession did not use Samia's name—is not dispositive. See supra , at 660. A confession redacted with a blank space, after all, also avoids naming the defendant; yet Gray held that it falls within Bru- ton 's scope. So today's decision must rest on the second fea- ture of the confession: that the placeholder used ( e. g. , “the other person”) was neither a blank space nor the word “de- leted.” But that distinction makes nonsense of the Bruton rule. Bruton 's application has always turned on a confes- sion's inculpatory impact. See, e. g. , Cruz New York , 481 U. S. 186, 193 (1987) (considering “the likelihood that [a limit- ing] instruction will be disregarded” and “the probability that such disregard will have a devastating effect”). And as the John-and-Mary examples make clear, a confession that swaps in a phrase like “the other person” for a defendant's name may incriminate just as powerfully as one that swaps in a blank space. See supra , at 657–659. So the majority warps our Bruton precedent by categorically putting the two on opposite sides of the constitutional line. As the Court re- marked in another case about , “[t]he law cannot com-
Kagan, J. , dissenting
mand respect” if we apply such “inexplicable”—and indeed unprincipled—line-drawing to a “constitutional imperative.” Cruz , 481 U. S., at 193.
Contrary to the majority's claim, Gray repudiates rather than supports the distinction adopted today. In holding that 's protections extend beyond confessions with names to confessions with blanks, Gray explained that what should matter is not a confession's form but its effects. A jury, Gray noted, “will often react similarly” to the two kinds of confessions; the blank space (rather than name) is “not likely [to] fool anyone.” 523 U. S., at 193. Ignoring Gray 's forest for one tree, the majority points to a passage in which the Court described how a confession in the case could have been further redacted: Instead of saying “[m]e, deleted, deleted, and a few other guys,” the witness could have said “[m]e and a few other guys.” Id. , at 196. But on Gray 's particular facts, the latter version was unproblematic. The crime was a gang assault involving six perpetrators, while only one other person was on trial with the confessing defendant. The “[m]e and a few other guys” phrase thus did not point a fnger directly at the co-defendant, as “the other person” phrase here did at Samia. The more relevant reference dis- cussed in Gray was to the “white guy” in a trial with only one white defendant, as described above. Id. , at 195; see supra , at 660. Gray left no doubt that the confession with that phrase should have been excluded—and for the same reason as the confession with “deleted.” When a modifed confession has an “accusatory” effect “similar” to one with names, the Court reasoned, the law “require[s] the same re- sult.” , at 192, 194. Gray could not have cared less whether the modifcation takes the form of a blank space or of a different, but no less accusatory, placeholder.
The practical concerns the majority cites in support of its decision are equally fimsy. On the majority's view, a ruling for Samia would require courts to conduct “extensive pre- trial hearings” reviewing “the Government's case in its en-
Kagan, J. , dissenting
tirety.” Ante , at 654. But that charge is a strawman—and one that Gray already knocked down. See 523 U. S., at 197. The Bruton rule—whether applying to confessions with names, with blanks, or with other placeholders—demands only that a court consider “in advance of trial” such matters as the content of the confession, the number of defendants, and the prosecution's general theory of the case. Cruz , 481 U. S., at 193; see Gray , 523 U. S., at 197; cf. Richardson , 481 U. S., at 209 (noting that a more demanding inquiry would be needed if Bruton applied to confessions incrimi- nating only “by connection” with later-introduced evidence). Courts have long considered those basic factors when apply- ing . [1] And the Government has proved unable to cite a single case—including in Circuits applying Bruton to confessions like Stillwell's—in which doing so created “ad- ministrability” issues, much less “fewer joint trials.” Tr. of Oral Arg. 93–96. [2] In any event, greater “convenience in the administration of the law,” as Bruton noted, cannot come at the expense “of fundamental principles of constitutional liberty.” 391 U. S., at 135. “That price,” we recognized then, “is too high.” Ibid.
With nothing else to support it, the majority reaches for two props inconsistent with Bruton itself. One is the “pre- sumption that jurors follow limiting instructions.” Ante , at 646–647. The majority correctly describes that presump- tion; it just forgets that the presumption does not apply when the evidence at issue is an accusatory co-defendant con- fession. Bruton could not have been clearer on the point: [1] See, e. g. , United States v. Straker , 800 F. 3d 570, 595–601 (CADC 2015); United States v. Hardwick , 544 F. 3d 565, 573 (CA3 2008); United States Vega Molina , 407 F. 3d 511, 520–521 (CA1 2005); United States v. Wil- liams , 429 F. 3d 767, 773–774 (CA8 2005); United States Hernandez , 330 F. 3d 964, 973–974 (CA7 2003).
[2] Seriously, the Government's only proffered complaint when asked to expound on administrability issues was with one appellate decision that took “six double-column F. 3d pages” to review the trial court's Bruton ruling. Tr. of Oral Arg. 96.
Kagan, J. , dissenting
“[W]e cannot accept limiting instructions as an adequate substitute for [a defendant's] constitutional right of cross-ex- amination.” 391 U. S., at 137; see Gray , 523 U. S., at 192 (stating that co-defendant confessions are “so prejudicial that limiting instructions cannot work”); Richardson , 481 U. S., at 208 (noting “the overwhelming probability of [ju- rors'] inability” to follow instructions to disregard co-defend- ant confessions); see supra , at 659–660. And the majority does no better in invoking “historical evidentiary practice.” See ante , at 644–646. One point here is Justice Barrett 's: There just isn't much history helping the majority. See ante , at 655–657 (opinion concurring in part and concurring in judgment). But assume for a moment to the contrary: Suppose with the majority that at some relevant time, courts conducting joint trials admitted unredacted co-defendant confessions subject only to limiting instructions. Ante , at 644–646. If that history controlled, Bruton itself would have been wrongly decided. The majority's real views thus come into focus. The point of its opinion is not to distin- guish the confession here from the one in Bruton . The point is to say why Bruton should go.
* * *
And so one might wonder after reading today's decision whether Bruton is the next precedent on this Court's chop- ping block. The one reason it may not be is that there is now no need for formal overruling: Under this decision, prosecutors can always circumvent Bruton 's protections. Consider once more John's confession implicating Mary in a robbery—a confession, I'll now add, bearing a striking re- semblance to the one in . See 391 U. S., at 124 (“A postal inspector testifed that Evans orally confessed to him that Evans and [Bruton] committed the armed robbery”). The Bruton rule will still bar the prosecution from using the original version of John's confession, expressly naming Mary. So too the rule will prevent the prosecution from swapping
Jackson, J. , dissenting
out Mary's name for a blank space or the word “deleted.” But no worries—the government now has a functionally equivalent placeholder at its (Court-sanctioned) disposal. It can simply replace Mary's name with “a woman,” and the Bruton issue will go away. But contrary to today's decision, the serious Sixth Amendment problem remains. Now, de- fendants in joint trials will not have the chance to confront some of the most damaging witnesses against them. And a constitutional right once guaranteeing that opportunity will no longer. It will become, in joint trials, a shell of its former self. I respectfully dissent.
Justice Jackson , dissenting.
I join Justice Kagan’ s dissent in full, and agree, in par- ticular, with her insight that the majority's bottom-line view is that “ Bruton should go.” Ante , at 666. I am writing to emphasize that most of the force of the Court's argument (to the extent that it is at all forceful) comes from the majority having improperly reframed the constitutional standard that applies to the admission of incriminating testimonial state- ments of a codefendant during a joint criminal trial.
Under the majority's approach, the default rule is that a nontestifying codefendant's incriminating confession is ad- missible, so long as it is accompanied by a limiting instruc- tion. Ante , at 644, 647, 655. Thus, for present purposes, the majority repeatedly calls Bruton United States , 391 U. S. 123 (1968), a “ `narrow exception' ” to this default rule. Ante , at 647, 650, 652–653. And the thrust of the majority's holding is that the so-called Bruton exception is—and must be—narrow: Bruton is a pesky deviation that requires the exclusion of otherwise admissible evidence (hence, the ease with which the majority contemplates dispensing with that precedent).
That approach inverts the constitutional principles that govern this case. Under our well-established Sixth Amend- ment precedents, the Court's analysis must, instead, start v.
Jackson, J. , dissenting
from the premise that the introduction of Stillwell's inculpa- tory confession during the joint trial threatened Samia's Confrontation Clause rights. The introduction of a “testi- monial” statement from an unavailable declarant violates the Confrontation Clause unless the defendant had a prior oppor- tunity for cross-examination. Crawford Washington , 541 U. S. 36, 59, 68 (2004). And, here, there is no dispute that Stillwell's statement to law enforcement was testimonial, that Stillwell was an unavailable declarant, and that Samia had no opportunity to cross-examine Stillwell. Therefore, the default presumption in this case should have been that Stillwell's confession was not admissible at his and Samia's joint trial, because the statement implicated Samia on its face, and Samia could not cross-examine the declarant.*
When the Government attempted to nonetheless introduce Stillwell's inculpatory confession notwithstanding Samia's in- ability to cross-examine him, it sought an exception from the Confrontation Clause's exclusion mandate. Before today, this Court had never held that a limiting instruction, com- bined with a redaction that merely replaces the defendant's name, suffciently “cures” the constitutional problem. In , the Court rejected the idea of an exception en- tirely—it entertained permitting such an exception in light of a limiting instruction given at trial, but the Court ulti- mately declined to adopt one. 391 U. S., at 137 (“[I]n the context of a joint trial we cannot accept limiting instructions as an adequate substitute for petitioner's constitutional right of cross-examination”). Then, in Gray v. Maryland , 523 *Contrary to the Government's suggestion (see Brief for United States 12, 32), a codefendant's confession implicates a defendant's Sixth Amend- ment rights even if it does “not directly accuse [the defendant] of wrongdo- ing,” but “rather . . . is inculpatory only when taken together with other evidence,” Melendez-Diaz Massachusetts , 557 U. S. 305, 313 (2009). That conclusion follows from the text of the Sixth Amendment, which guarantees the right of the accused to “confron[t]” “witnesses against him” (emphasis added), not just those witnesses who “ `facially incriminat[e]' ” him, contra, ante , at 647–648.
Jackson, J. , dissenting
U. S. 185 (1998), the Government tried again to get an excep- tion to the Confrontation Clause—this time adding an obvi- ous redaction of the defendant's name in the confession on top of the limiting instruction—but this Court once again rebuffed such efforts. , at 188. Indeed, the only prior case in which this Court has permitted an exception to the baseline confrontation rule of exclusion was one in which the confession at issue arguably was not even “against” the de- fendant in the frst place, as it did not incriminate the ac- cused in any way until the defendant herself introduced evi- dence that rendered the confession inculpatory. Richardson Marsh , 481 U. S. 200, 206, 208, 211 (1987).
Collectively, our precedents properly recognize the neces- sary narrowness of any exception to the default Bruton prin- ciple that the Government's introduction of an inculpatory confession during a joint trial poses a substantial constitu- tional problem. Not anymore. With today's ruling, the ma- jority fails to acknowledge what is the default rule and what is the exception. And it thereby sets the stage for consider- able erosion of the Confrontation Clause right that Bruton protects.
Properly understood, the Bruton question actually raises two distinct issues: one about whether there is a Confronta- tion Clause problem in the frst place, and a second about potential cures (like redactions and limiting instructions) for that constitutional dilemma. The majority skips over the frst question today; its analysis essentially assumes that there is no Sixth Amendment problem in the frst place, which then allows for an unwarranted expansion of what should be a narrow exception to the default principle of ex- clusion. In other words, the Court has now turned our Bru- ton cases on their head in a manner that risks undermining a core Sixth Amendment right.
Reporter’s Note
The attached opinion has been revised to refect the usual publication and citation style of the United States Reports. The revised pagination makes available the offcial United States Reports citation in advance of publication. The syllabus has been prepared by the Reporter of Decisions for the convenience of the reader and constitutes no part of the opinion of the Court. A list of counsel who argued or fled briefs in this case, and who were members of the bar of this Court at the time this case was argued, has been inserted following the syllabus. Other revisions may include adjustments to formatting, captions, citation form, and any errant punctuation. The following additional edits were made: None