InsideGov
Supreme Court · Decisions

Kevin D. Gray v. Maryland

The court held that the Bruton rule does not allow the admission of an out-of-court confession by a defendant to be entered against a jointly-tried co-defendant with the defendant's name redacted.

523 U.S. 185 · No. 96-8653 · 1997 term · Rehnquist Court

Decided Mar 9, 1998 · argued Dec 8, 1997

Criminal procedure · Confrontation

Majority opinion: Stephen Breyer

The voteMajorityDissent

5–45 in the majority, 4 in dissent

4 dissents (5–4)

Vacated and remanded. Kevin D. Gray won.

What this ruling means

Vacated and remanded: the Supreme Court set aside the decision of the Maryland Supreme Court, wiping it out without necessarily saying the result was wrong, and sent the case back for that court to decide again under the right legal standard.

Kevin D. Gray was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.

From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.

Report a correction

Summary

The opening of the case’s Wikipedia article: what the case was about and what the Court held.

Gray v. Maryland, 523 U.S. 185 (1998), was a United States Supreme Court case in which the court held that the Bruton rule does not allow the admission of an out-of-court confession by a defendant to be entered against a jointly-tried co-defendant with the defendant's name redacted.

Read the full article on Wikipedia

Data notes

The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.

Report a correction

How the justices voted

Each justice who took part, placed by their Martin–Quinn ideology score for the 1997 term. Filled: the 5 in the majority. Hollow: the 4 in dissent. Colour is the party of the president who appointed them.

More liberalMore conservativeMedianStevensBreyerGinsburgSouterKennedyO'ConnorRehnquistScaliaThomas

Majority(5)

Dissent(4)

Data notes

Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.

Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.

Report a correction

The parties

Who brought the case to the Court, who answered it, and how it got there.

Petitioner
Kevin D. GrayDefendant
Respondent
MarylandState (Maryland)
Reached the Court by
Certiorari (the Court chose to hear it)
Data notes

The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.

Report a correction

The law at issue

The law the Court was asked to apply, and the kind of power it used to decide.

Decided by
Federal common law
Data notes

The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.

Report a correction

Timeline

What happened at the Court and how the case got there, newest first.

  1. Mar 9, 1998DecidedDecided · Decided 5–4: vacated and remanded. Kevin D. Gray won.
  2. Dec 8, 1997ArguedArgued · Oral argument before the Court.
  3. Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari).
  4. Not datedCourt belowCourt below · Decided by the Maryland Supreme Court: reversed.
  5. Not datedBeganBegan · The case began in the Maryland trial court.
Data notes

From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.

Report a correction

Other decisions on the same issue

51 other argued cases since 1946 on confrontation, newest first.

  1. Smith v. Arizona144 S. Ct. 1785Jun 21, 2024 · 144 S. Ct. 1785Criminal procedure9–0Unanimous band

  2. Samia v. United States599 U.S. 635Jun 23, 2023 · 599 U.S. 635Criminal procedure6–36–3 band
  3. Hemphill v. New York142 S. Ct. 681Jan 20, 2022 · 142 S. Ct. 681Criminal procedure8–18–1 band
  4. Ohio v. Clark576 U.S. 237Jun 18, 2015 · 576 U.S. 237Criminal procedure9–0Unanimous band

  5. Williams v. Illinois567 U.S. 50Jun 18, 2012 · 567 U.S. 50Criminal procedure5–45–4 band

  6. Donald Bullcoming, Petitioner v. New Mexico564 U.S. 647Jun 23, 2011 · 564 U.S. 647Criminal procedure5–45–4 band

  7. Michigan, Petitioner v. Richard Perry Bryant562 U.S. 344Feb 28, 2011 · 562 U.S. 344Criminal procedure6–27–2 band
  8. Mark A. Briscoe and Sheldon A. Cypress v. Virginia559 U.S. 32Jan 25, 2010 · 559 U.S. 32Criminal procedure9–0Unanimous band
  9. Luis E. Melendez-Diaz v. Massachusetts557 U.S. 305Jun 25, 2009 · 557 U.S. 305Criminal procedure5–45–4 band

  10. Giles v. California554 U.S. 353Jun 25, 2008 · 554 U.S. 353Criminal procedure6–36–3 band

  11. Adrian Martell Davis v. Washington547 U.S. 813Jun 19, 2006 · 547 U.S. 813Criminal procedure9–0Unanimous band
  12. Michael D. Crawford v. WashingtonLandmark · Other areas541 U.S. 36Mar 8, 2004 · 541 U.S. 36Criminal procedure9–0Unanimous band

  13. Benjamin Lee Lilly v. Virginia527 U.S. 116Jun 10, 1999 · 527 U.S. 116Criminal procedure9–0Unanimous band
  14. United States v. Edward G. Scheffer523 U.S. 303Mar 31, 1998 · 523 U.S. 303Criminal procedure8–18–1 band

  15. Randall D. White v. Illinois502 U.S. 346Jan 15, 1992 · 502 U.S. 346Criminal procedure9–0Unanimous band
  16. Michigan v. Nolan K. Lucas500 U.S. 145May 20, 1991 · 500 U.S. 145Criminal procedure7–27–2 band
  17. Maryland v. Craig497 U.S. 836Jun 27, 1990 · 497 U.S. 836Criminal procedure5–45–4 band

  18. Idaho v. Wright497 U.S. 805Jun 27, 1990 · 497 U.S. 805Criminal procedure5–45–4 band
  19. Coy v. Iowa487 U.S. 1012Jun 29, 1988 · 487 U.S. 1012Criminal procedure6–27–2 band

  20. United States v. Owens484 U.S. 554Feb 23, 1988 · 484 U.S. 554Criminal procedure6–27–2 band
  21. Taylor v. Illinois484 U.S. 400Jan 25, 1988 · 484 U.S. 400Criminal procedure5–36–3 band

  22. Rock v. Arkansas483 U.S. 44Jun 22, 1987 · 483 U.S. 44Criminal procedure5–45–4 band

  23. Kentucky v. Stincer482 U.S. 730Jun 19, 1987 · 482 U.S. 730Criminal procedure6–36–3 band

  24. Richardson, Warden v. Marsh481 U.S. 200Apr 21, 1987 · 481 U.S. 200Criminal procedure6–36–3 band
  25. Cruz v. New York481 U.S. 186Apr 21, 1987 · 481 U.S. 186Criminal procedure5–45–4 band

  26. New Mexico v. Earnest477 U.S. 648Jun 27, 1986 · 477 U.S. 648Criminal procedure9–0Unanimous band
  27. Lee v. Illinois476 U.S. 530Jun 3, 1986 · 476 U.S. 530Criminal procedure5–45–4 band
  28. Delaware v. Van Arsdall475 U.S. 673Apr 7, 1986 · 475 U.S. 673Criminal procedure7–27–2 band
  29. United States v. Inadi475 U.S. 387Mar 10, 1986 · 475 U.S. 387Criminal procedure7–27–2 band
  30. Tennessee v. Street471 U.S. 409May 13, 1985 · 471 U.S. 409Criminal procedure8–0Unanimous band
  31. United States v. Valenzuela-Bernal458 U.S. 858Jul 2, 1982 · 458 U.S. 858Criminal procedure7–27–2 band

  32. Ohio v. Roberts448 U.S. 56Jun 25, 1980 · 448 U.S. 56Criminal procedure6–36–3 band
  33. Parker v. Randolph et al.442 U.S. 62May 29, 1979 · 442 U.S. 62Criminal procedure5–36–3 band
  34. Davis v. Alaska415 U.S. 308Feb 27, 1974 · 415 U.S. 308Criminal procedure7–27–2 band
  35. Tacon v. Arizona410 U.S. 351Feb 21, 1973 · 410 U.S. 351Criminal procedure6–36–3 band
  36. Chambers v. Mississippi410 U.S. 284Feb 21, 1973 · 410 U.S. 284Criminal procedure8–18–1 band

  37. Mancusi, Correctional Superintendent v. Stubbs408 U.S. 204Jun 26, 1972 · 408 U.S. 204Criminal procedure7–27–2 band
  38. Schneble v. Florida405 U.S. 427Mar 21, 1972 · 405 U.S. 427Criminal procedure6–36–3 band
  39. Nelson, Warden v. O'Neil402 U.S. 622Jun 1, 1971 · 402 U.S. 622Criminal procedure6–36–3 band
  40. Dutton, Warden v. Evans400 U.S. 74Dec 15, 1970 · 400 U.S. 74Criminal procedure5–45–4 band
  41. California v. Green399 U.S. 149Jun 23, 1970 · 399 U.S. 149Criminal procedure6–18–1 band

  42. Illinois v. Allen397 U.S. 337Mar 31, 1970 · 397 U.S. 337Criminal procedure8–0Unanimous band

  43. Harrington v. California395 U.S. 250Jun 2, 1969 · 395 U.S. 250Criminal procedure5–36–3 band
  44. Bruton v. United States391 U.S. 123May 20, 1968 · 391 U.S. 123Criminal procedure6–27–2 band

  45. Barber v. Page, Warden390 U.S. 719Apr 23, 1968 · 390 U.S. 719Criminal procedure9–0Unanimous band
  46. Smith v. Illinois390 U.S. 129Jan 29, 1968 · 390 U.S. 129Criminal procedure8–18–1 band
  47. Washington v. Texas388 U.S. 14Jun 12, 1967 · 388 U.S. 14Criminal procedure9–0Unanimous band

  48. Specht v. Patterson, Warden, et al.386 U.S. 605Apr 11, 1967 · 386 U.S. 605Criminal procedure8–0Unanimous band
  49. Brookhart v. Janis, Director of the Ohio Department of Mental Hygiene and Correction384 U.S. 1Apr 18, 1966 · 384 U.S. 1Criminal procedure8–18–1 band
  50. Douglas v. Alabama380 U.S. 415Apr 5, 1965 · 380 U.S. 415Criminal procedure9–0Unanimous band
  51. Pointer v. Texas380 U.S. 400Apr 5, 1965 · 380 U.S. 400Criminal procedure9–0Unanimous band
Data notes

Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.

Report a correction

Official record

Read the full opinion on Justia, the argument audio on Oyez and Wikipedia. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.