People v. Thomas

I write separately because the United States Supreme Court’s decision in Roberts v. Russell1 making the Bruton2 rule retroactive cannot properly be read as conferring authority on state and Federal trial and appellate courts to decide case-by-case whether the Bruton rule will be given retroactive application based on the court’s evaluation of the seriousness of the risk that in the particular case at hand the issue of guilt or innocence was not reliably determined.

I

In Roberts v. Russell the United States Supreme Court made retroactive in both Federal and state prosecutions its decision in…