State v. Williams

Court of Appeals of Alaska

State v. Williams

704 P.2d 219, 1985 Alas. App. LEXIS 339

CourtCourt of Appeals of Alaska

DecidedAugust 2, 1985

Docket6025

StatusPublished

Cited by3 cases

This text of 704 P.2d 219 (State v. Williams) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Williams, 704 P.2d 219, 1985 Alas. App. LEXIS 339 (Ala. Ct. App. 1985).

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Opinions

OPINION

PER CURIAM.

The United States Constitution and the Alaska Constitution each provide that no person shall be twice put in jeopardy for the same offense. U.S. Const, amend. Y; Alaska Const, art. 1, § 9. In this case, the trial court dismissed an indictment for tampering with evidence against Travis Dean Williams, who had been acquitted of first-degree murder in connection with the same incident. The double jeopardy protection afforded by the Alaska Constitution requires this result.

A majority of the court holds that article 1, section 9 of the Alaska Constitution incorporates the approach to serial prosecutions set forth in Model Penal Code § 1.07(2) (Proposed Official Draft 1962).

The trial court’s ruling dismissing the tampering prosecution against Williams is AFFIRMED. _

COATS, J., BRYNER, C.J., and SINGLETON, J., concur.

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