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Davis v. State

The admission of the co-defendant's redacted statement inculpating the defendant violated the defendant's confrontation right, because the co-defendant did not testify and there was no evidence that anyone other than the defendant shot the victim.

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Henry Davis, Jr. and Michael Hill were convicted of malice murder, felony murder and aggravated assault1 in the shooting death of Ray Barlow. Their co-defendant, Keiunta Guy, was convicted of felony murder and aggravated assault. Davis appeals the sufficiency of evidence and the admission of evidence which he maintains improperly placed his character in evidence. We find no error and affirm his convictions. In a separate appeal, Hill argues that the admission of Davis’s redacted statement inculpating Hill in the murder violated his Sixth Amendment rights under Bruton v. United States.2 We agree and, because we cannot say that this error was harmless beyond a reasonable doubt, reverse Hill’s conviction.

The evidence presented at trial shows that on January 13, 1996, Ray Barlow was shooting dice with a number of other persons at the home of Vincent Henderson. There was evidence that the Henderson residence was routinely used by neighborhood residents for gambling and the sale of crack cocaine. While Barlow was gambling, Henry Davis came in the house and complained that he was not being given a “house cut” for allowing the gambling to take place. Davis and Barlow argued over the entitlement to gambling winnings and shoved one another. Henderson and his brother, Anthony, intervened and Davis left. Barlow refused Vincent Henderson’s request to leave the premises.

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