Court: |
US Supreme Court |
|
Facts: |
An argument over whether or not to move from the trailer to the
beauty parlor escalates into pizza-hording and eventual physical
confrontation. The gun used for night-watchman work goes off,
killing Rock's husband. Some facts about the incident are
recovered under hypnosis, and as a result of the AR rule
prohibiting such evidence, Rock is not allowed to testify in
her own defense. |
|
Posture: |
Convicted at trial, appeal on the basis of right to testify on own behalf. |
|
Issue: |
Can AR prohibit all hypnotically refreshed testimony? |
|
Holding: |
No. We need a new trial. |
|
Rule: |
The right to testify on one's own behalf trumps the concerns about
hypnosis. |
|
Reasoning: |
Here, the testimony went directly to the theory that the gun went
off accidentally (apparently this model was prone to that, and
the testimony that she didn't have her finger on the trigger
would have made the theory seem much less farfetched). |
|
Dicta: |
|