UNITED STATES v. VALDEZ

No. 82-1700.

722 F.2d 1196 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Joe Corona VALDEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 3, 1984.


Attorney(s) appearing for the Case

George Scharmen, San Antonio, Tex., for defendant-appellant.

Sidney Powell, Joseph Casseb, Asst. U.S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before RUBIN, TATE and JOLLY, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

We consider the admissibility of an identification of the defendant made by a law enforcement officer after undergoing hypnosis. The officer had seen the defendant a number of times during the investigation and knew him to be a suspect but had previously been unable to identify him. Under hypnosis the officer identified the defendant as the person he had earlier seen at the scene of the crime. He later identified the defendant in court...

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