In Friedman v. Rehal, No. 08-0297, a sexual abuse prosecution, the court affirmed the denial of petitioner’s habeas petition, holding that 1) the fact that hypnosis may have been used to stimulate alleged victims’ memory recall and potentially induce false memories of abuse was a circumstance that would fit comfortably under the general understanding of impeachment evidence – evidence that “is offered to discredit a witness . . . to reduce the effectiveness of [her] testimony by bringing forth evidence which explains why the jury should not put faith in [her] or [her] testimony”; and 2) even if hypnosis evidence comes within Brady’s broader definition of exculpatory evidence, the petition would still have to be denied.
Related Resources
- Full Text of Friedman v. Rehal, No. 08-0297
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