Nelson v. O'Neil

In Nelson v. O'Neil, 402 U.S. 622, 91 S.Ct. 1723, 29 L.Ed.2d 222 (1971), the prosecution elicited testimony about a codefendant's confession, which implicated another defendant. The codefendant testified at the joint trial and denied making the confession. Id. at 624, 91 S.Ct. 1723. The Court held that the defendant's rights were not violated by the admission of his codefendant's confession under those circumstances. The O'Neil Court explained that the holding of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968) was limited to situations in which the codefendant does not testify at trial, thereby depriving the defendant the opportunity to cross-examine the declarant of the confession. Id. at 627, 91 S.Ct. 1723. The Court reasoned that there would be no Confrontation Clause problem "where a codefendant takes the stand in his own defense, denies making an alleged out-of-court statement implicating the defendant, and proceeds to testify favorably to the defendant concerning the underlying facts." Id. at 629-30, 91 S.Ct. 1723. This is because the denial of the inculpatory confession generally is more favorable to the defendant than anything the defendant could elicit on cross-examination. Id. at 629, 91 S.Ct. 1723. The Court concluded that the Sixth Amendment had not been violated "where a codefendant takes the stand in his own defense, denies making an alleged out-of-court statement implicating the defendant, and proceeds to testify favorably to the defendant concerning the underlying facts." Id. at 629, 91 S.Ct. at 1727. The point that was unsuccessfully urged on the Court was that there could be no full and effective cross-examination when the codefendant denied making the inculpatory statement. In that case the defendant had nothing to gain by cross-examination.