State Ex Rel. Neely v. Sherrill

*509OPINION

MOELLER, Justice.

JURISDICTION

After a mistrial in this criminal case, the defendant moved to preclude the state from using the victim’s in-court, post-hypnotic identification of defendant. The trial court granted the motion. On special action to the court of appeals, that court reversed and held the post-hypnotic identification admissible. We granted review pursuant to Rule 8(b) Ariz.R.P.Spec. Action § 8, 17B A.R.S., and have jurisdiction pursuant to Ariz. Const, art. 6, § 5(1). After oral argument, we affirmed the trial court’s order of exclusion and permitted the trial to proceed,…