Legal Opinion

Lemieux v. SUPERIOR COURT OF ARIZONA, ETC.

Arizona Supreme Court

Decided May 4, 1982No. 15769-SAPublishedCited by 17 opinions

1Opinion of the Court

GORDON, Vice Chief Justice:

The issue presented in this special action is if persons who have been previously hypnotized concerning the matters of the litigation will be permitted to testify at a civil trial. We accept jurisdiction of this special action under Ariz.Const.Art. 6, § 5(1) and hold that persons who have undergone hypnosis and have been questioned on matters concerning the litigation are not permitted to testify at a subsequent civil trial.

On April 17, 1979 there was a collision involving respondent Rix and petitioner Lemieux. Emery, a witness to the accident, spoke with…

2Cases cited5 opinions

  1. State Ex Rel. Collins v. SUPERIOR COURT, ETC.Arizona Supreme Court · 1982
  2. State v. MenaArizona Supreme Court · 1981
  3. Scales v. City Court of City of MesaArizona Supreme Court · 1979
  4. State v. La MountainArizona Supreme Court · 1980
  5. State v. GatesArizona Supreme Court · 1978

3Cited by17 opinions

  1. Hawkins v. Allstate InsuranceArizona Supreme Court · 1987
  2. Commonwealth v. KaterMassachusetts Supreme Judicial Court · 1983
  3. United States v. Freddie A. BrooksCourt of Appeals for the D.C. Circuit · 1982
  4. State v. LopezArizona Supreme Court · 1994
  5. Schall v. Lockheed Missiles & Space Co.California Court of Appeal · 1995

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