United States v. Porter

I dissent.

I

I am unable to follow the reasoning of my brothers that accused was prejudiced by any one or any combination of the asserted irregularities. When all is said and done, we need be concerned with only one question, namely, was the testimony admissible? If it was, all other asserted errors fail. If it was not, then the subsidiary question of prejudice must be considered. Significantly, the principal opinion does not discuss that question but goes off on inconsistent and secondary grounds *432which are irrelevant if the footprints were connected with the accused. To make my point clear, I…