16 Ohio App. 3d 279 - State v. Weston’s Empirical Analysis
1984
Citation profile
3 federal appellate · 10 state decisions
Relationships
Relies on Davis v. Alaska · Pointer v. Texas · Frye v. United States · Illinois Power Co. v. Local Union No. 51, International Brotherhood of Electrical Workers · Cincinnati Milacron Chemicals, Inc. v. Blankenship
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"First, a psychiatrist or psychologist experienced in the use of hypnosis must conduct the session. This professional should also be able to qualify as an expert in order to aid the court in evaluating the procedures followed. Although we recognize that there are many other people trained to administer hypnosis and skilled in its use for investigative purposes, we believe that a professional must administer hypnosis if the testimony revealed is to be used in a criminal trial. In this way, the court will be able to obtain vital information concerning the pathological reason for memory loss and the hypnotizability of the witness. Furthermore, the expert will be able to conduct the interrogation in a manner most likely to yield accurate recall. Second, the professional conducting the hypnotic session should be independent of and not regularly employed by the prosecutor, investigator or defense, [footnote omitted] This condition will safeguard against any bias on the part of the hypnotist that might translate into leading questions, unintentional cues, or other suggestive conduct. Third, any information given to the hypnotist by law enforcement personnel or the defense prior to the hypnotic session must be recorded, either in writing or another suitable form. This requirement will help the court determine the extent of information the hypnotist could have communicated to the witness either directly or through suggestion. Fourth, before inducing hypnosis the hypnotist should obtai”
1 later decision quote this exact passage · from the concurrencee.g. Vester v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.