United States v. Perry Lynch

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “policies underlying the general prohibition of hearsay” are “especially cogent when the testimony of a witness is critical to the prosecution’s case against the defendant”
• requiring good faith effort as an aspect of the Sixth Amendment right to confrontation
• “It is difficult to believe that if the preliminary hearing testimony of this critical witness were not available, the prosecution would have abandoned its efforts at this point to locate [the witness].”
• confrontation rights are “especially cogent when the testimony of a witness is critical to the prosecution’s case against the defendant”
• \Confrontation Clause considerations `are especially cogent when the testimony of a witness is critical to the prosecution's case against the defendant.' \
• “We are not prepared to equate ‘unavailability’ with ‘evasiveness.’ The government failed to establish that [the witness] could not have been located and brought to trial by a reasonably diligent search. Accordingly we hold that the witness was not ‘unavailable’ . . . .”

Source: CourtListener parenthetical corpus (CC0).