State v. Wurtz

The state brings an interlocutory appeal from an order suppressing a statement Robert P. Wurtz allegedly made while in a self-induced hypnotic trance. The state contends that Wurtz’s statement is admissible because in a prior appeal we concluded that the trial court had not abused its discretion by admitting the statements. The state argues that our holding establishes the law of the case and is binding on retrial. Because the admissibility of these statements is discretionary and the trial court did not abuse its discretion by suppressing the statements on retrial, we affirm.

The state…