Evidence-Wellborn SU2006 Outline

Inquiry into validity of verdict or indictment upon

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Unformatted text preview: eir pretrial materials). ROCK v. ARKANSAS [Competency of Witness Lack of Personal Knowledge, hypnosis used to restore personal knowledge can you ban all testimony occurring after the hypnosis? FRE 602] Facts: Rock charged with manslaughter in the death of her husband. Dispute had been simmering about her husband's wish to move from the couple's small apartment to a trailer she owned. Fight erupted; police found Frank on the floor with a bullet wound in his chest. Police removed Rock from the building because she was upset. Rock testified that her husband grabbed her by the throat and choked her and threw her against the wall and she picked up the gun and pointed it toward the floor and he hit her again but doesn't know ho w he got shot. Rock was hypnotized twice, recorded on tape, and after the hypnosis she was able to remember that at the time of the incident she had her thumb on the hammer of the gun but had not held her finger on the trigger. As a result of hypnosis, counsel hired an expert to examine the handgun which revealed that the gun was defective and prone to fire when hit or dropped, w/o trigger being pulled. Procedural Posture: When the...
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