State Ex Rel. Collins v. SUPERIOR COURT, ETC.

I concur in the dissent of Chief Justice Holohan.

SUPPLEMENTAL OPINION

FELDMAN, Justice.

In our original opinion in this case, we held that a witness who had undergone hypnosis should not be permitted to testify. The State moved for a rehearing; that motion was granted by order dated March 2, 1982. This opinion follows the order granting the motion for rehearing.

The hypnosis question first arose in State v. La Mountain, 125 Ariz. 547, 611 P.2d 551 (1980), where we held that in a rape prosecution, the court erred in admitting hypnotically induced recall pertaining to identification; however, we…