State v. Luther

*3CAMPBELL, J.

The defendant’s conviction for second degree manslaughter was affirmed by the Court of Appeals. The defendant petitioned this court for review, assigning as his sole point relied on for reversal:

“If a witness in a criminal case has been subjected to hypnosis regarding the subject matter of her testimony, evidence, such as by cross-examination, of what occurred during the hypnosis is admissible.”

We granted the defendant’s petition for review to decide the issue suggested,1 but now find that we must first decide whether the defendant protected his record and preserved the alleged…