Clinton William Baker v. Louie L. Wainwright, Director, Division of Corrections, State of Florida

CLARK, Circuit Judge.

This appeal from denial of habeas corpus raises the constitutional rights of the non-confessing defendant in a joint trial situation where the same court appointed counsel represented both indigent defendants, and where evidence of an oral post-conspiracy confession was introduced. The alleged confessor took the stand and denied he confessed. Appellant stresses the application of Bruton v. United States, 391 U.S. 123, 88 S. Ct. 1620, 20 L.Ed.2d 476 (1968), given retrospective effect in Roberts v. Russell, 392 U.S. 293, 88 S.Ct. 1921, 20 L.Ed.2d 1100 (1968). While we are…