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HESS v. STATE

No. S-8876.

20 P.3d 1121 (2001)

Ralph G. HESS, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

April 13, 2001.

Attorney(s) appearing for the Case

Darrel J. Gardner, Assistant Public Advocate, and Brant McGee, Public Advocate, Anchorage, for Petitioner.

Kenneth M. Rosenstein, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Attorney General, Juneau, for Respondent.

Before MATTHEWS, Chief Justice, EASTAUGH, FABE, and CARPENETI, Justices. [BRYNER, Justice, not participating.].

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Ralph Hess was charged with sexually assaulting H.W. When he raised the defense of consent, Alaska Rule of Evidence 404(b)(3) permitted the state to call A.R. to testify that Hess had previously had nonconsensual sex with her. The superior court denied Hess's request that the jury be told that another jury had acquitted him of sexually assaulting A.R. Because we conclude that the evidence...

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