Legal Opinion · Dissent

Brazel v. State

Supreme Court of Arkansas

Decided October 24, 1988No. CR 88-82Published

1DissentJohn I. Purtle, Justice

It was clearly prejudicial error for the trial court to have admitted into evidence during the trial-in-chief the statement of a codefendant whose trial had been severed from that of the appellant. It is axiomatic that the statement of a co-conspirator, made during the course of and in furtherance of the conspiracy, may be introduced by the state, under certain circumstances. See ARE 801(d)(2)(v). Moreover, I wholeheartedly agree with the majority that the statement at issue here “was not in any sense [made] during the course of the conspiracy nor in furtherance of it.” Indeed, this…

2Cases cited7 opinions

  1. Bruton v. United StatesSupreme Court of the United States · 1968
  2. Pointer v. TexasSupreme Court of the United States · 1965
  3. Douglas v. AlabamaSupreme Court of the United States · 1965
  4. Lee v. IllinoisSupreme Court of the United States · 1986
  5. Cruz v. New YorkSupreme Court of the United States · 1987

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