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STATE v. SHEWFELT

No. S-7609.

948 P.2d 470 (1997)

STATE of Alaska, Petitioner, v. Paul SHEWFELT, Respondent.

Supreme Court of Alaska.

November 21, 1997.

Attorney(s) appearing for the Case

W.H. Hawley, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Petitioner.

J. John Franich, Assistant Public Advocate, Fairbanks, and Brant McGee, Public Advocate, Anchorage, for Respondent.

Before MATTHEWS, C.J., and COMPTON, EASTAUGH and FABE, JJ.

OPINION

FABE, Justice.

I. INTRODUCTION

Paul Shewfelt, a criminal defendant, was not notified before the jury in his trial listened to a playback of certain recorded testimony. The superior court granted Shewfelt's motion for a new trial, and the court of appeals declined review. We granted the State's petition for review and now reverse the superior court's decision.

II. FACTS AND PROCEEDINGS

In November 1991...

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