This section contains the nature of the case and procedural background.

Caron was a key government witness against Miller (D) In May 1968 at the request of defense counsel, the government arranged to have Caron hypnotized. Just before being placed under, Caron disclosed he had been hypnotized while in custody in Texas. Before trial and during trial, D had requested all evidence and notes of all interviews of Caron in the Galveston jail. The prosecutor did not turn over all the notes as he failed to give D the notes of his hypnotism of Caron prior to the hypnotism by D of Caron even though the files on the hypnosis of Caron were in the possession of the prosecutor. D later learned of the hypnosis and used that to request a new trial. The trial court denied that request. D appealed.

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