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STEPHAN v. STATE

Nos. S-387, S-406.

711 P.2d 1156 (1985)

Donald STEPHAN, Petitioner, v. STATE of Alaska, Respondent. Malcolm Scott HARRIS, Petitioner/Cross-Respondent, v. STATE of Alaska, Respondent/Cross-Petitioner.

Supreme Court of Alaska.

December 6, 1985.

Attorney(s) appearing for the Case

Tina Kobayashi, Christine Schleuss, Asst. Public Defender, Dana Fabe, Public Defender, Anchorage, for petitioner Stephan.

Steven P. Oliver, Anchorage, for petitioner/cross-respondent Harris.

Cynthia M. Hora, Asst. Atty. Gen., Anchorage, Norman Gorsuch, Atty. Gen., Juneau, for respondent/cross-petitioner.

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

BURKE, Justice.

More than five years ago, in Mallott v. State, 608 P.2d 737 (Alaska 1980), we informed Alaska law enforcement officials that "it is incumbent upon them to tape record, where feasible, any questioning [of criminal suspects,] and particularly that which occurs in a place of detention." Id. at 743 n. 5 (citation omitted). This requirement (hereinafter the Mallott rule) was again noted in S.B. v...

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