CLAY v. VOSE

No. 85-1088.

771 F.2d 1 (1985)

Frederick CLAY, Petitioner, Appellant, v. George VOSE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided August 23, 1985.


Attorney(s) appearing for the Case

Thomas G. Shapiro, Boston, Mass., with whom Shapiro & Grace, Boston, Mass., was on brief for petitioner, appellant.

Frances L. Robinson, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Frederick W. Riley, Asst. Atty. Gen., Chief, Criminal Bureau, and Barbara A.H. Smith, Asst. Atty. Gen., Chief, Criminal Appellate Div., Boston, Mass., were on brief for respondent, appellee.

Before CAMPBELL, Chief Judge, RUBIN and BREYER, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge.

The introduction of identification testimony from a previously hypnotized witness who had given a prehypnosis identification to the police and who was subject to in-court cross-examination before a carefully instructed jury who also heard testimony concerning the potential inaccuracies of hypnotically induced testimony did not violate the defendant's sixth amendment right to confront the witness. We, therefore, affirm the district court...

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