State v. Medrano

127 S.W.3d 781, 2004 Tex. Crim. App. LEXIS 165, 2004 WL 203131
CourtCourt of Criminal Appeals of Texas
DecidedFebruary 4, 2004
Docket1919-02
StatusPublished
Cited by41 cases

This text of 127 S.W.3d 781 (State v. Medrano) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Medrano, 127 S.W.3d 781, 2004 Tex. Crim. App. LEXIS 165, 2004 WL 203131 (Tex. 2004).

Opinions

OPINION

PRICE, J.,

delivered the opinion of the Court, in which

MEYERS, WOMACK, JOHNSON, KEASLER, and HERVEY, JJ., joined.

This case comes before us on petition for discretionary review by the State of Texas to decide whether Zani v. State, 758 [782]*782S.W.2d 233 (Tex.Crim.App.1988), was overruled by Kelly v. State, 824 S.W.2d 568 (Tex.Crim.App.1992). In Zani, a case based on the general acceptance standard of Frye v. United States, 293 F. 1013 (D.C.Cir.1923), we held that hypnotically enhanced testimony is admissible in Texas.1 Because Kelly overruled the general acceptance standard and Texas courts’ reliance on Frye, the State argues that Zani is implicitly overruled by Kelly. We conclude that, although based on the general acceptance standard expressed in Frye, the Zani case, in developing a highly specific framework to ensure that hypnotically enhanced testimony offered in a particular case is reliable, is not overruled, either explicitly or implicitly, by Kelly or its progeny.

This appeal originally arose from the trial court’s exclusion of hypnotically enhanced testimony from the only eyewitness in a capital murder case. In the initial appeal, the court of appeals, citing State v. Roberts, 940 S.W.2d 655, 658 (Tex.Crim.App.1996), held that it did not have jurisdiction to consider the trial court’s exclusion of the evidence. State v. Medrano, 987 S.W.2d 600, 603-04 (Tex.App.-El Paso 1999). We granted the State’s petition for discretionary review, reversed the court of appeals’ decision, overruled Roberts, and remanded the appeal for consideration on the merits. State v. Medrano, 67 S.W.3d 892, 902-03 (Tex.Crim.App.2002). On remand, the court of appeals affirmed the trial court’s exclusion of the evidence holding that the trial court correctly applied Zani in ruling on the admissibility of hypnotically enhanced testimony. State v. Medrano, 86 S.W.3d 369, 373 (Tex.App.-El Paso 2002). We granted the State’s petition to determine whether Zani was overruled by Kelly. We affirm.

As aptly expressed by the Eighth Court of Appeals, our opinion in Zani dealt with a “highly specific, detailed discussion of a narrowly defined question.” State v. Medrano, 86 S.W.3d 369, 372 (Tex.App.-El Paso 2002). That question was “whether hypnotically induced testimony is admissible in Texas.” Zani, 758 S.W.2d at 234 (internal citations omitted). In analyzing the admissibility of hypnotically enhanced testimony, we worked within the framework of the applicable law at the time: Frye v. United States.2 Judge Clinton, writing the opinion for this Court, stated: “we consider Frye ‘applicable because lay testimony that is dependent upon hypnosis cannot be logically dissociated from the underlying scientific technique.’” Zani, 758 S.W.2d at 241 (quoting Contreras v. State, 718 P.2d 129, 134 (Alaska 1986)). A discussion of hypnosis and hypnotically enhanced testimony included a discussion of Frye, the case that governed the admissibility of scientific evidence.

In Zani, while applying Frye and discussing the “general acceptance” of hypnosis and hypnotically enhanced testimony in the medical and legal community, we recognized that the accuracy of hypnotically enhanced testimony was questionable. We stated, “To the extent that ordinary disabilities of perception, memory, and articulation may be amplified by hypnosis, it will result in recall less accurate than would [783]*783ordinarily be expected.” Id. at 242 (internal quotation marks omitted). We reasoned that because hypnosis may amplify perception, memory and articulation in the witness’s testimony, and because the amplification may go undetected, the best solution would be to adopt a per se exclusionary rule. Ibid.

Despite the lack of general acceptance among the scientific community, we did not impose a per se rule with Zani. Rather, citing the United States Supreme Court decision in Rock v. Arkansas, 483 U.S. 44, 107 S.Ct. 2704, 97 L.Ed.2d 37 (1987), we “declinefd] to adopt an exclusionary rule prohibiting hypnotic recall in every case.” Zani, 758 S.W.2d at 243. Although the law governing scientific evidence, the general acceptance standard of Frye, militated in favor of a per se exclusionary rale, the Supreme Court’s decision in Rock “rendered such a position untenable.” Id. at 242. See Rock, 483 U.S. 44, 107 S.Ct. 2704, 97 L.Ed.2d 37 (holding a per se exclusionary rule banning hypnotically refreshed testimony of defendants testifying on their own behalf unconstitutional under the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution). Yet the question of the reliability of hypnotically enhanced testimony remained.

With Zani, the Court provided a mechanism to allow for the admission of hypnotically enhanced testimony and at the same time to ensure that this admitted testimony was reliable. The solution was the Zani standard. Under the Zani standard, the Court instituted procedural safeguards to protect against “the four-prong dangers of hypnosis: hypersuggestibility, loss of critical judgment, confabulation, and memory cementing.” Id. at 244 (internal quotation marks omitted). The Court adopted a non-exclusive list of factors from People v. Romero, 745 P.2d 1003, 1017 (Colo.1987),3 which a trial court is to consider in deciding whether hypnotically enhanced testimony is admissible in a particular ease. Zani, 758 S.W.2d at 244. The Zani standard permits admission of hypnotically enhanced testimony “[i]f, after consideration of the totality of the circumstances, the trial court should find by clear and convincing evidence that hypnosis neither rendered the witness’s posthypnotic memory untrustworthy nor substantially impaired the ability of the opponent fairly to test the witness’s recall by cross[-]examination.” Ibid. By requiring clear and convincing evidence of the trustworthiness and the lack of impairment of a witness’s hypnotically enhanced testimony, the aim of this Court was to ensure the reliability of the evidence admitted.

Since Zani was decided in 1988, the law governing the admissibility of scientific evidence in Texas criminal courts has evolved from the “general acceptance” standard enunciated in Frye v. United [784]*784States, 293 F. 1013 (D.C.Cir.1923), to the current standard presented in Kelly v. State, 824 S.W.2d 568 (Tex.Crim.App.1992). In Kelly, we stated that the general acceptance standard was no longer valid for two reasons. First, the Frye

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Bluebook (online)
127 S.W.3d 781, 2004 Tex. Crim. App. LEXIS 165, 2004 WL 203131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-medrano-texcrimapp-2004.