holding witness who has been hypnotized may testify only to facts demonstrably recalled prior to hypnosis and only where certain prerequisites have been met
How later courts described this case
- holding witness who has been hypnotized may testify only to facts demonstrably recalled prior to hypnosis and only where certain prerequisites have been met
- Once Frye is satisfied, scientific evidence is admissible “subject to a foundational showing that the expert was qualified, the technique was properly used, and the results were accurately recorded.”
- witness may testify with regard to those matters he was able to "recall and relate" prior to hypnosis, as long as the hypnotic procedure itself is designed to minimize the danger of contamination
- testimony on prehypnotic recollections admissible provided that the extent of such recollections is recorded prior to hypnosis
Written by the judges who cited it.
The opinion
CAMERON, Justice
(concurring):
I concur with Vice Chief Justice Gordon’s special concurrence and dissent.