Court of Appeals for the Tenth Circuit April 9, 2007, No. 04-6288 (United States v. Nash)

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United States · · · 09-04-2007

McKAY, J., Circuit Judge,

dissenting.

Nearly three decades of observing and participating in the application of the so-called harmless error analysis persuades me that the courts of appeals, by reciting the Bruton standard but justifying its breach in the name of harmlessness, increasingly are eroding the important constitutional protection afforded by the Bru-ton barrier.

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