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WHITEAKER v. STATE

No. A-2594.

808 P.2d 270 (1991)

Shelagh WHITEAKER, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

March 22, 1991.

Attorney(s) appearing for the Case

Susan Orlansky, Asst. Public Defender, and John B. Salemi, Public Defender, Anchorage, for appellant.

Cynthia M. Hora, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage, and Douglas B. Baily, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., COATS, J., and ANDREWS, District Court Judge.

OPINION

ANDREWS, District Court Judge.

Shelagh Whiteaker appeals from her conviction of second-degree murder on grounds that her constitutional right to be free from double jeopardy was violated. We reverse her conviction.

Whiteaker was charged with first-degree murder in the shooting death of Jeff Ostergaard on September 10, 1984. She stood trial on that charge in May, 1986. The trial judge declared a mistrial over defense objection when the jury...

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