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STATE v. GILBERT

No. S-7020.

925 P.2d 1324 (1996)

STATE of Alaska, Petitioner, v. Martin L. GILBERT, Respondent.

Supreme Court of Alaska.

October 11, 1996.

Attorney(s) appearing for the Case

Eric A. Johnson, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Petitioner.

George B. Davenport, Robinson, Beiswenger & Ehrhardt, Soldotna, for Respondent.

Before COMPTON, C.J., RABINOWITZ, MATTHEWS and EASTAUGH, JJ., and SHORTELL, J. Pro Tem.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

We consider here whether the trial court prejudicially erred in allowing a prosecutorial comment on a criminal defendant's failure to call a witness at trial. The court of appeals held that the comment was both impermissible and prejudicial, and reversed the conviction. We reverse, and reinstate the judgment of the trial court.

II. FACTS...

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