How have the courts treated the privilege against self-confessed hypnotist in a criminal case?

California, United States of America


The following excerpt is from People v. Aguilar, 218 Cal.App.3d 1556, 267 Cal.Rptr. 879 (Cal. App. 1990):

Appellant argues the information gleaned by the prosecutor from his privileged statements to the hypnotist assisted in establishing the prosecution's theory of the case, i.e., that appellant was a drug dealer who killed his girlfriend because he feared she would turn him in to the police. Assuming this evidence initially possessed the probative value assigned it by appellant, 4 it was merely cumulative to other testimony concerning appellant's participation in drug transactions. In addition, we must presume the jury abided by the court's admonition that the incident related by the hypnotist had nothing to do with either this case or the murder being investigated by the officer who stopped appellant, and that appellant was neither a defendant nor a suspect in any federal action. The probative value, if any, of the complained of testimony was eliminated by this admonition, which also cured any prejudicial effect the testimony might otherwise have had. The error was harmless beyond a reasonable doubt. (Chapman v. California (1967) 386 U.S. 18, 24, 87 S.Ct. 824, 828, 17 L.Ed.2d 705.)

Privilege Against Self-Incrimination And Sixth Amendment Right To Counsel

Other Questions


In a civil case, how has the court treated the use of DNA evidence in criminal cases? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
Does section 987.8(b) of the California Criminal Code require a motion by the Court of Appeal to remand a case back to the trial court? (California, United States of America)
How has the case been dealt with in juvenile court and criminal court? (California, United States of America)
How have courts treated the issue of prosecutorial misconduct in a criminal case? (California, United States of America)
In what circumstances have courts reversed a judgment entered in a criminal case following a court trial? (California, United States of America)
How have the courts treated a motion of no objection in a criminal case? (California, United States of America)
How have the courts treated the evidence of uncharged crimes against a defendant in a criminal case? (California, United States of America)
How have the voir dire questions in a criminal case been interpreted by the trial court and the prosecutor in this case? (California, United States of America)
For the purposes of section 1202.4, subdivision (f) of the California Criminal Code, how have courts interpreted the meaning of the term "criminal conduct" in the context of a criminal conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.