C.A. 2nd;
B270506

The Second Appellate District affirmed a judgment. In the published portion of its opinion, the court held that because the U.S. Supreme Court's decision in Crawford v. Washington (2004) 541 U.S. 36 limited the scope a defendant's Sixth Amendment right to confront and cross-examine witnesses to “testimonial” statements only, it similarly limited the scope of the Aranda/Bruton doctrine.

Michael Washington was tried together with Keon Scott and Kevin Kendricks on a charge of murder. At trial, the prosecution introduced snippets of jailhouse recordings of conversations between Scott and Kendricks, who had been houses together in a cell with a hidden recording device. The recordings implicated all three men in the murder, but the trial court expressly instructed the jury to consider the recordings against Scott and Kendricks only, and not to consider them against Washington. Washington was convicted.