¶1concurring specially.
¶2I concur in the judgment of the court and write separately with reference to Division 5 of the majority opinion. In my view, the majority opinion adopts a rule of per se inadmissibility of post-hypnotic testimony of a witness who has undergone hypnosis. I would not go so far. Under our rule in Harper v. State, 249 Ga. 519 (292 SE2d 389) (1982), post-hypnotic testimony should be admitted, providing the trial court determines that under the procedures followed in a specific case the use of hypnosis to refresh memory is comparable in reliability to ordinary recall.
¶3I believe guidelines to determine reliability should be developed on a case by case basis. However, the suggestions of the Supreme Court of New Jersey in State v. Hurd, 86 N.J. 525 (432 A2d 86) (1981), derived from findings of Martin T. Orne, see 27 Int. J. of Clinical and Experimental Hypnosis 311 (1979), constitute one approach for those using hypnosis to follow and later to be evaluated by the trial court. Ultimately the decision is one for the discretion of the trial judge.
¶4I am authorized to state that Presiding Justice Marshall and Justice Weltner join in this special concurrence.