United States v. Perry Lynch

(dissenting) :

My views diverge from those expressed in the foregoing opinion to the extent it concludes that the “district court’s determination that Miss Brown was ‘unavailable’ was erroneous,” (Majority Op. at 1023, supra) and that the murder conviction should be reversed on that ground.

After reciting the facts concerning the concentrated search made for Miss Brown, the majority opinion ignores the weight of these facts and finally flies into their face by implying that the prosecution did not meet the burden of proving a “search exercised both in good faith and with reasonable diligence…