What is the test for limiting instructions to the jury in a case where a co-defendant admitted in evidence against another defendant of the same alleged crime?

California, United States of America


The following excerpt is from People v. Gonzalez, G039400 (Cal. App. 12/3/2008), G039400 (Cal. App. 2008):

"`A defendant may be prejudiced by the admission in evidence against a co-defendant of a statement or confession made by that co-defendant. This prejudice cannot be dispelled by cross-examination if the co-defendant does not take the stand. Limiting instructions to the jury may not in fact erase the prejudice.'" (Bruton v. United States (1968) 391 U.S. 123, 132.)

"When the prosecution proposes to introduce into evidence an extrajudicial statement of one defendant that implicates a codefendant, the trial court must adopt one of the following procedures: (1) It can permit a joint trial if all parts of the extrajudicial statements implicating any codefendants can be and are effectively deleted without prejudice to the declarant. By effective deletions, we mean not only direct and indirect identifications of codefendants but any statements that could be employed against nondeclarant codefendants once their identity is otherwise established. (2) It can grant a severance of trials if the prosecution insists that it must use the extrajudicial statements and it appears that effective deletions cannot be made. (3) If the prosecution has successfully resisted a motion for severance and thereafter offers an extrajudicial statement implicating a codefendant, the trial court must exclude it if effective deletions are not possible." (People v. Aranda (1965) 63 Cal.2d 518, 530-531, fn. omitted.)

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