State v. Tuttle

ZIMMERMAN, Justice:

Defendant Wesley Allen Tuttle appeals from his jury conviction of first degree murder, for which he received a life sentence. See Utah Code Ann. §§ 76-5-201, -202(l)(q) (Supp.1988). Tuttle makes three claims on appeal. He contends that the trial court erroneously forced him to waive his right to a jury in the penalty phase to avoid being tried by a “death qualified” jury in the guilt phase; that the trial court erred in admitting hypnotically enhanced testimony and in excluding expert testimony that hypnotically enhanced testimony is unreliable; and that section…