Constitutional Law - Right of Confrontation - No Denial of Right to Confrontation Where Co-Defendant Takes the Stand, Denies Making Alleged Out of Court Statement Implicating Defendant, and Testifies Favorably for the Defendant - Nelson v. O'Neil, 402 U.S. 622 (1971)

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Authors
Sneckenberg, William J.
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1972
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FIRST PARAGRAPH(S)|Respondent, O'Neil, convicted at a joint trial by a California jury on charges of kidnapping, armed robbery and vehicle theft, brought a habeas corpus proceeding in federal district court following denial of a writ of habeas corpus by the California supreme court.,The initial prosecution case consisted of testimony of the victim and two policemen, one of whom had testified over the objection of respondent's defense counsel that respondent's co-defendant, one Runnels, had made an unsworn oral statement admitting the crimes and implicating O'Neil. The statement was admitted into evidence, subject to an instruction to the jury that such evidence could not be considered against respondent. The co-defendant, while he did take the stand and was subject to cross-examination (although not in fact cross-examined), at all times denied ever making the alleged confession. The jury found both defendants guilty...
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5 Creighton L. Rev. 196 (1971-1972)
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Creighton University School of Law
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