Richardson v. Marsh
Supreme Court
481 U.S. 200 (1987)
Marsh, Williams, and Martin were suspected in an assault and murder; over Marsh's objection, Marsh and Williams were tried jointly. Marsh testified she was innocent, while Williams did not testify, but his earlier confession -- redacted to remove any mention of Marsh -- was admitted with repeated jury instructions not to use it against Marsh, even though the confession still implicated her when combined with other trial evidence. Marsh was convicted and sought habeas relief, arguing the confession's admission violated her Sixth Amendment confrontation rights, and the Supreme Court granted certiorari.
Whether, under the Confrontation Clause, a defendant's confession may be admitted at a joint trial if it has been redacted to omit any mention of the co-defendant and the jury is instructed not to use it against the co-defendant.