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STATE v. BATTS

No. A-9682.

195 P.3d 144 (2008)

STATE of Alaska, Petitioner, v. Jeron BATTS, Respondent.

Court of Appeals of Alaska.

October 31, 2008.

Attorney(s) appearing for the Case

W.H. Hawley Jr., Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and David W. Márquez and Talis J. Colberg, Attorneys General, Juneau, for the Petitioner.

Margi A. Mock, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Respondent.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

MANNHEIMER, Judge.

We granted the State's petition for review to decide two issues that have arisen in Batts's case. The first issue is whether, when the defendant takes the stand at a criminal trial, Alaska Evidence Rule 412 allows the government to impeach the defendant's testimony with statements unlawfully obtained from the defendant during a custodial interrogation after the defendant invoked the right to silence or counsel under Miranda...

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