NOLAN v. STATE

No. 43131.

132 P.3d 564 (2006)

Ricky NOLAN, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

April 20, 2006.


Attorney(s) appearing for the Case

Goodman Law Firm and Ross C. Goodman, Las Vegas, for Appellant.

George Chanos, Attorney General, Carson City; David J. Roger, District Attorney, and James Tufteland, Chief Deputy District Attorney, Clark County, for Respondent.

Before MAUPIN, GIBBONS and HARDESTY, JJ.


OPINION

HARDESTY, J.

In this appeal, we consider whether the district court may admit posthypnotic testimony that the witness claims is independent of the hypnotic session. The admissibility of posthypnotic testimony is subject to the procedural safeguards outlined in NRS 48.039(1) if the hypnotic session involved the subject matter of the testimony. We conclude that unverified information provided by posthypnotic testimony is inadmissible under NRS...

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