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SMITHART v. STATE

No. S-8358.

988 P.2d 583 (1999)

Charles SMITHART, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

September 24, 1999.

Attorney(s) appearing for the Case

Andrew J. Lambert, Kalamarides & Associates, Anchorage, for Petitioner.

John A. Scukanec, Assistant Attorney General, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Respondent.

Before: MATTHEWS, Chief Justice, EASTAUGH, FABE, and CARPENETI, Justices.

OPINION

FABE, Justice.

I. INTRODUCTION

Charles Smithart appeals his convictions for kidnapping, first-degree sexual assault, and first-degree murder. He argues that the trial court erred by refusing to allow his attorney to present evidence and argument that the crimes were committed by another man. Because the right to present one's defense is a fundamental right in our criminal justice system, the trial court's failure to allow...

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