Does a defendant have a right to cross-examine the confession of a co-defendant?

California, United States of America

The following excerpt is from The People v. Madrigal, F058786, No. BF128108A (Cal. App. 2010):

"A criminal defendant has a right, guaranteed by the confrontation clause of the Sixth Amendment to the United States Constitution, to confront adverse witnesses. The right to confrontation includes the right to cross-examination. [Citation.] A problem arises when a codefendant's confession implicating the defendant is introduced into evidence at their joint trial. If the declarant codefendant invokes the Fifth Amendment right against self-incrimination and declines to testify, the implicated defendant is unable to cross-examine the declarant codefendant regarding the content of the confession." (People v. Lewis (2008) 43 Cal.4th 415, 453.)

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