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Arizona law is instructive. See State v. La Mountain, 125 Ariz. 547, 611 P.2d 551 (1980), where the court held that in a rape prosecution, the court erred in admitting hypnotically induced recall pertaining to identification; the court concluded that the error was not prejudicial since the other evidence was sufficient to sustain the conviction. This decision was followed by State v. Mena, 128 Ariz. 226, 624 P.2d 1274 (1981), in which the court reversed the conviction, holding that 'until hypnosis gains general acceptance in the fields of medicine and psychiatry as a method by which memories are accurately improved without undue danger of distortion, delusion or fantasy, we feel that testimony of witnesses which has been tainted by hypnosis should be excluded in criminal cases.' Id. at 231, 624 P.2d at 1279.


Hypnosis was not so easily to be put beyond us. The issue returned in 131 Ariz. 180, 644 P.2d 1266 (1982) where the court repeated that because of its unreliability and the phenomena which interfere with the right of effective cross-examination, post-hypnotic recall testimony would be inadmissible in criminal trials. The court extended the rule to the issue of competency, and ...

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