Legal Opinion
Cotto v. Mann
District Court, E.D. New York
Decided January 16, 1998No. 1:95-cv-02215PublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER .
ROSS, District Judge.
In this case, the court is called upon to determine whether the unconstitutional admission of statements at trial made by the petitioner’s non-testifying co-defendant was merely harmless error or was sufficiently prejudicial to necessitate the grant of a writ of habeas corpus. See Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968); Cruz v. New York, 481 U.S. 186, 107 S.Ct. 1714, 95 L.Ed.2d 162 (1987). In making this determination, the court applies the standard of review set out in Brecht v. Abrahamson, 507 U.S. 619, 113 S.Ct.…
2Cases cited15 opinions
- Bruton v. United StatesSupreme Court of the United States · 1968
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- O'NEAL v. McAninchSupreme Court of the United States · 1995
- Cruz v. New YorkSupreme Court of the United States · 1987
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3Cited by2 opinions
- Ortiz v. ArtuzDistrict Court, E.D. New York · 2000
- Figueroa v. PortuondoDistrict Court, S.D. New York · 1999