WAMSER v. STATE

No. 5370.

652 P.2d 98 (1982)

Bernard H. WAMSER, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

October 8, 1982.


Attorney(s) appearing for the Case

Charles G. Evans, Smith & Gruening, Inc., Anchorage, for appellant.

W.H. Hawley, Asst. Atty. Gen., Anchorage, and Wilson L. Condon, Atty. Gen., Juneau, for appellee.

Before BURKE, C.J., and RABINOWITZ, CONNOR, MATTHEWS and COMPTON, JJ.


OPINION

COMPTON, Justice.

This case raises the issue of whether a bailiff's failure to notify a trial court of a jury foreman's communication indicating that the jury was deadlocked constitutes reversible constitutional error. The superior court denied petitioner's motion for post-conviction relief. The Alaska Court of Appeals affirmed. We reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

The facts in this case are undisputed. In 1977, Bernard...

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