Commonwealth v. Brown

I fully join the Majority in finding improper the prosecutor’s closing argument revealing defendant, Terry Brown (“Appellee”), as the “guy” in the previously redacted statement of Miguel Garcia, his non-testifying co-defendant. Maj. Op. at 398-99, 925 A.2d at 159-60. Respectfully, I diverge from the Majority premised upon my conviction that this type of error is never amenable to curative instructions. Rather than viewing this as a category distinct from the typical violation of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 *405L.Ed.2d 476 (1968), I conclude that a prosecutor’s…