Document Type

Conference Note

Publication Date



My original Conference vote was to affirm, and it was of course on that basis that you assigned the opinion to me. As I tentatively indicated to the Conference a week or so ago and in later conversation with you, subsequent work on such an opinion brought me serious misgivings, and I am now convinced that the conviction should be reversed. I attach a memorandum setting forth the reasons that have brought me to this conclusion.

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Criminal Law Commons