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COM. v. NAZAROVITCH

496 Pa. 97 (1981)

436 A.2d 170

COMMONWEALTH of Pennsylvania, Appellant, v. Paul NAZAROVITCH. COMMONWEALTH of Pennsylvania, Appellant, v. Robert WHITELEATHER. COMMONWEALTH of Pennsylvania, Appellant, v. William D. DECKER.

Supreme Court of Pennsylvania.

Decided October 29, 1981.

Attorney(s) appearing for the Case

Robert E. Colville, Dist. Atty., Robert L. Eberhardt, Deputy Dist. Atty., Pittsburgh, for appellant.

Gary B. Zimmerman, Pittsburgh, for Nazarovitch.

John L. Doherty, Pittsburgh, for Whiteleather.

John T. Bender (court-appointed), Pittsburgh, for Decker.

Norma Chase, Pittsburgh, for amicus curiae Society for Investigative and Forensic Hypnosis.

Before O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, FLAHERTY, KAUFFMAN and WILKINSON, JJ.

OPINION OF THE COURT

O'BRIEN, Chief Justice.

This case raises the novel issue of whether hypnotically-refreshed testimony is admissible in a criminal trial when the witness has no present recollection of the facts prior to the hypnosis. For the reasons which follow, and because of the facts peculiar to this case, we find the trial court properly exercised its discretion in suppressing the testimony of the witness...

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