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CASE ENTRY

Sims v. Hyatte

Elkhart, Ind. man is shot in the face, lives to testify. Defendant is convicted based on the man’s identification. But wait! Did the identification materialize because of hypnosis—which the prosecutor suggested and arranged for but, aware “there might be a problem in court,” never disclosed to the defense? Seventh Circuit (over a dissent): Well, the lack of disclosure was a problem. The defendant gets a new trial.


Tags: 2019, Due Process, Professional Responsibility, Seventh Circuit

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