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PEOPLE v. SHIRLEY

Docket No. Crim. 21775.

31 Cal.3d 18 (1982)

723 P.2d 1354

181 Cal. Rptr. 243

THE PEOPLE, Plaintiff and Respondent, v. DONALD LEE SHIRLEY, Defendant and Appellant.

Supreme Court of California.

March 11, 1982.

Attorney(s) appearing for the Case

COUNSEL

Stephen C. Hosford, under appointment by the Supreme Court, for Defendant and Appellant.

Ephraim Margolin and William S. Mount as Amici Curiae on behalf of Defendant and Appellant.

George Deukmejian, Attorney General, Robert H. Philibosian, Chief Assistant Attorney General, Daniel J. Kremer, Assistant Attorney General, Harley D. Mayfield and John W. Carney, Deputy Attorneys General, for Plaintiff and Respondent.

John K. Van de Kamp, District Attorney (Los Angeles), Harry B. Sondheim, Dino John Fulgoni and Roderick W. Leonard, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

MOSK, J.

The principal question on this appeal is whether a witness may be allowed to testify after he has undergone hypnosis for the purpose of restoring his memory of the events in issue. The question is new to this court, but has been often litigated in our sister states and extensively studied by medical science. (1a) In accord with recent and persuasive case law...

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