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BOSTIC v. STATE

No. S-3337.

805 P.2d 344 (1991)

Robert James BOSTIC, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

January 25, 1991.

Attorney(s) appearing for the Case

Dennis E. McKelvie, Fairbanks, for petitioner.

Robert D. Bacon, Asst. Atty. Gen., Office of Sp. Prosecutions and Appeals, Anchorage, Douglas B. Baily, Atty. Gen., Juneau, for respondent.

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

OPINION

COMPTON, Justice.

The court of appeals held that because Robert James Bostic had not shown that his defense was prejudiced by the state's failure to disclose the identity of a key prosecution witness until after trial had begun, his only remedy was a continuance. On Bostic's petition we reverse and hold that the party violating Alaska Criminal Rule 16(b)(1)(i) has the burden of showing that the non-offending party has not been prejudiced in the manner...

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