Case Citator › Opper v. United States

Opper v. United States

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Supreme Court of the United States
Citation
348 U.S. 84
Decided
Confirmed treatments
1
Flagged citations read
29 of 29
Citing cases (total)
29
Treatment dates
1968

Status

Overruled in part
A reviewed court has overruled part of this case’s holding. Bruton v. United States displaced Opper v. United States's reliance on jury instructions to protect a defendant against a nontestifying codefendant's incriminating confession in a joint trial. All 29 flagged citations have been read.
More on how this was screened

The Fifth Circuit described Bruton as overruling Opper as to severance in Hanley v. United States (1969). Opper's separate rule requiring corroboration of an accused's postoffense admissions continues to be applied. The confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

29 later cases cite Opper v. United States; 29 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Opper v. United States?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Supreme Court held that jury instructions cannot protect a defendant when a nontestifying codefendant's incriminating confession is admitted at their joint trial, displacing Opper's reliance on those instructions in that setting.

    Bruton v. United States · Supreme Court of the United States · filed

    Despite the con-cededly clear instructions to the jury to disregard Evans’ inadmissible hearsay evidence inculpating petitioner, in the context of a joint trial we cannot accept limiting instructions as an adequate substitute for petitioner’s constitutional right of cross-examination. The effect is the same as if there had been no instruction at all.
    Read the full opinion on CourtListener →

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