People v. Shirley
California Supreme Court
723 P.2d 1354 (1982)
- Written by Abby Roughton, JD
Facts
Donald Shirley (defendant) was charged with sexual assault, but the alleged victim could not remember some of what happened at the time of the alleged crime. On the night before trial, a lawyer for the prosecution (plaintiff) hypnotized the victim to try to fill in gaps in the victim’s story. Shirley moved to exclude all of the victim’s testimony that resulted from the hypnosis, but the trial court denied the motion and allowed the victim to testify regarding matters that the victim had been unable to recall before being hypnotized. The jury ultimately convicted Shirley of sexual assault, and he appealed.
Rule of Law
Issue
Holding and Reasoning (Mosk, J.)
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