People v. Williams

In People v. Shirley (1982) 31 Cal.3d 18 [ 181 Cal.Rptr. 243 , 641 P.2d 775 ], the Supreme Court held that the testimony of a witness who has undergone hypnosis for the purpose of restoring his memory of the events in issue is inadmissible as to all matters relating to those events from the time of the hypnosis session forward. In the initial opinion that rule was held applicable to all cases not yet final as of the date of that decision. A modification of Shirley was filed (now fn. 53, 31 Cal.3d at p. 67 ), which contains the following statement: “The principles stated in this opinion will govern the admissibility of the testimony of any witness who submits to pretrial hypnosis after the date of this decision. We take no position at this time as to the application of those principles to witnesses hypnotized before the date of this decision.”

In this case we affirm a judgment of conviction based upon the testimony of a witness who had undergone hypnosis for the purpose of restoring her memory of the events in issue and in so doing hold that Shirley shall be given only prospective effect.

Defendant waived a jury, was found guilty by the court of rape and robbery and…

I concur.

Shirley is really more of a polemic than an opinion. As a polemic it makes interesting reading. The protagonists are so clearly defined.

The prohypnosis expert is a lowly police psychologist, wretchedly educated (“Ed. E”), who is, of all things, a director of a “proprietary school” in Los Angeles. (Just what that has to do with this case escapes me.) This police psychologist is so dumb that he accepts at “face value” and “without question” the “somewhat extravagant conclusions” of a neurosurgeon who is apparently pretty much of a dummkopf himself.

On the other hand, the antihypnosis experts are “highly experienced,” “nationally known,” “pioneers” and “respected authorities” who present the “generally accepted view” which is set forth in “scholarly articles” and “leading scientific studies.” Thus, the guys in the white hats and those in the black hats are clearly defined and appropriately labeled.

The authorities suffer the same treatment.

Somehow, lost in the shuffle, is the fact that the majority rule in this country is that hypnotically induced testimony is admissible. (See United States v. Awkard (9th Cir. 1979) 597 F.2d 667 cert. den., 444 U.S. 885 [ 62 L.Ed.2d…

In People v. Shirley (1982) 31 Cal.3d 18 [ 181 Cal. Rptr. 243 , 641 P.2d 775 ], the Supreme Court held that the testimony of a witness who has undergone hypnosis for the purpose of restoring his memory of the events in issue is inadmissible as to all matters relating to those events from the time of the hypnosis session forward. In the initial opinion that rule was held applicable to all cases not yet final as of the date of that decision. A modification of Shirley was filed (now fn. 53, 31 Cal.3d at p. 67 ), which contains the following statement: "The principles stated in this opinion will govern the admissibility of the testimony of any witness who submits to pretrial hypnosis after the date of this decision. We take no position at this time as to the application of those principles to witnesses hypnotized before the date of this decision."

(1a) In this case we affirm a judgment of conviction based upon the testimony of a witness who had undergone hypnosis for the purpose of restoring her memory of the events in issue and in so doing hold that Shirley shall be given only prospective effect.

Defendant waived a jury, was found guilty by the court of…