Public-domain · open source
OpenJurist

476 F.2d 1285

Docket No. 72-1954.

Cunningham v. Rose

Fifth Circuit Court of Appeals

Argued April 20, 1973.

Decided May 17, 1973.

Fifth Circuit Court of Appeals · decided 1973-05-17

2 counsel of record

Relies on Bruton v. United States · Schneble v. Florida · Guajardo v. McAdams

Opinion by (per_curiam) · Decided 1973-05-17

¶1Marvin Berke, Chattanooga, Tenn. (Court-appointed), for petitioner-appellant.

¶2R. Jackson Rose, Asst. Atty. Gen., Nashville, Tenn., for defendant-appellee; David M. Pack, Atty. Gen., of counsel.

¶3Before CELEBREZZE, PECK and KENT, Circuit Judges.

¶4PER CURIAM.

¶5This is an appeal from the denial of a writ of habeas corpus. The appellant was convicted of rape. The jury imposed the death sentence which was commuted to a 99-year term by the Governor of Tennessee.

¶6All the issues presented were carefully considered by District Judge Frank W. Wilson, and disposed of in a carefully *1286prepared opinion. Judge Wilson concluded in his opinion that the admission of the confessions of each of the four defendants was error within the meaning of Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620, 20 L.Ed.2d 476 (1968), but that such error was harmless. Schneble v. Florida, 405 U.S. 427, 92 S.Ct. 1056, 31 L.Ed.2d 340 (1972).

¶7We are not satisfied that the use of the confessions under the circumstances of this case was in fact error within the meaning of Bruton, but conclude that if there was such error the District Judge was eminently correct in concluding that on this trial record the error was harmless.

¶8Judgment affirmed.

/476/f2d/1285 · .json · Public domain