State v. Mitchell

ZIMMERMAN, Justice:

Defendant Francis Preston Mitchell appeals from his conviction of first degree murder, for which he received a life sentence. Utah Code Ann. § 76-5-202(l)(d) (Supp.1989). He makes two claims on appeal: that the trial court erred in admitting into evidence (i) hypnotically enhanced testimony of an eyewitness and (ii) testimony of a telephone operator who overheard him tell an acquaintance, over the telephone, that he had just killed a man. We agree with Mitchell’s first claim but reject his second. Because we cannot find the error harmless, we reverse the conviction and…