Pote v. State

BROWN, Justice,

specially concurring.

In writing for the court I supported Part V of the opinion by referencing Gee v. State, Wyo., 662 P.2d 103 (1983), and Chapman v. State, Wyo., 638 P.2d 1280 (1982). These two cases set out the law in Wyoming regarding testimony of previously hypnotized witnesses. I dissented in both Chapman and Gee, and reaffirm my disagreement with those two cases.

I have no problem, however, concluding that the testimony of officers Plambeck and Peglow was properly admitted into evidence in the case here. I make this determination without regard to the authority of Chapman…