Rock v. Arkansas

1987

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: