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COMMONWEALTH v. KATER

394 Mass. 531 (1985)

476 N.E.2d 593

COMMONWEALTH vs. JAMES M. KATER.

Supreme Judicial Court of Massachusetts, Bristol.

April 11, 1985.

Attorney(s) appearing for the Case

Jonathan Shapiro (Patricia Garin with him) for the defendant.

Phillip L. Weiner, Assistant District Attorney, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LYNCH, & O'CONNOR, JJ.

O'CONNOR, J.

Over two years ago, we reversed James M. Kater's convictions for murder in the first degree and kidnapping because the introduction at his trial of hypnotically aided testimony — testimony first available from a witness after hypnosis — created a substantial risk that a miscarriage of justice had occurred. Commonwealth v. Kater, 388 Mass. 519, 521, 534 (1983) (Kater I). We did not...

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