People v. Zayas

546 N.E.2d 513 (1989)

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People v. Zayas

Illinois Supreme Court
546 N.E.2d 513 (1989)

SC

Facts

Fernando Zayas (defendant) was charged with three counts of murder. At trial, the prosecution (plaintiff) called Detective Atkins as a witness. Atkins recalled the license plate of a car he saw the night of the murders. He testified that he thought the license plate number was XND 405. Atkins was then hypnotized to refresh his recollection. While hypnotized, Atkins recalled that the license plate number he saw was NXJ 402. The license plate that would have linked Zayas to the scene of the crime was NXJ 240. Zayas was convicted. Zayas appealed, arguing that Atkins’s testimony while hypnotized should not have been admitted.

Rule of Law

Issue

Holding and Reasoning (Ryan, J.)

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