Burral v. State

I respectfully dissent. The majority holds that the State can preclude a defendant from questioning an eyewitness with *742exculpatory testimony because a State agent hypnotized that witness. The majority cites many of the vast number of cases and articles concerning hypnosis, and misapplies them to create a rigid, inflexible, illogical, and probably unconstitutional per se rule of exclusion precluding a defendant from calling a witness or questioning the witness because the State interrogated that witness under hypnosis.

Post-hypnotic testimony unquestionably has some value, but it is fraught…