10 Feb Alaska Supreme & Appellate Court Headnotes From 2.3.2017
ALASKA COURTS OF APPEALS HEADNOTES
CORRINA I. McCORD, APPELLANT, V. STATE OF ALASKA, APPELLEE.
The defendant’s motion for judgment of acquittal was properly denied because the double jeopardy clause and Lockhart rule do not prohibit the government from retrying defendant even if the evidence should have been excluded from the trial. Additionally, the government was not required to prove the controlled substance at issue was the sole cause of the defendant’s impairment, only a substantial factor.
Criminal Law | Judgement Of Acquittal | Controlled Substance | Double Jeopardy | Lockhart Rule
CORRINA I. McCORD, APPELLANT, V. STATE OF ALASKA, APPELLEE.
The defendant’s Sixth Amendment right to confrontation was violated when the defendant was prevented from cross-examining the government’s absent expert witness about her test results concerning a controlled substance.