No. 21-6089

Edward N. Daniels v. Bobbi Jo Salamon, Superintendent, State Correctional Institution at Rockview, et al.

Lower Court: Third Circuit
Docketed: 2021-10-26
Status: Denied
Type: IFP
Response WaivedIFP
Tags: bruton-precedent bruton-v-united-states co-conspirator co-defendant confrontation-clause criminal-procedure cross-examination due-process evidence-admissibility precedent
Latest Conference: 2021-11-19
Question Presented (AI Summary)

Did the lower court err when they refused to apply this court's precedent in Bruton v. United States, 391 U.S. 123 (1968) when the co-conspirator / co-defendant (Murchison) refused to be cross-examined after he testified and implicated Daniels in the crime?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED | DID THE LOWER COURT ERR WHEN THEY REFUSED TO APPLY THIS COURT'S | PRECEDENT IN BRUTON V. UNITED STATES, 391 U.S. 123 (1968) WHEN THE CO-CONSPIRATOR / CO-DEFENDANT (MURCHISON) REFUSED TO BE CROSS, -EXAMINED AFTER HE TESTIFIED AND IMPLICATED DANIELS IN THE CRIME? | DID THE LOWER COURT ERR WHEN IT HELD THAT BRUTON DOES NOT APPLY | TO A CO-DEFENDANT WHO PLEADS GUILTY BEFORE THE OTHER , CO-DEFENDANTS GO TO TRIAL? | | |

Docket Entries

2021-11-22
Petition DENIED.
2021-11-03
DISTRIBUTED for Conference of 11/19/2021.
2021-11-01
Waiver of right of respondent Superintendent, SCI Rockview to respond filed.
2021-10-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 26, 2021)

Attorneys

Edward N. Daniels
Edward N. Daniels — Petitioner
Edward N. Daniels — Petitioner
Superintendent, SCI Rockview
Nancy WinkelmanDistrict Attorney's Office, Respondent
Nancy WinkelmanDistrict Attorney's Office, Respondent