People v. DeVine

The defendant moves in coram nobis for a new trial. He contends that the recent decision in Bruton v. United States (391 U. S. 123 [May, 1968]) overruling Delli Paoli v. United States (352 U. S. 232 [1957]) requires such reversal, this for deprivation of the right of confrontation, since his codefendant’s confession inculpated the movant at a joint trial. Roberts v. Russell (392 U. S. 293 [June, 1968]) is relied upon to afford retroactivity to the Bruton holding (supra) this undergirded by Pointer v. Texas (380 U. S. 400 [1965]) which *863held that the Fourteenth Amendment (due process clause)…