HARRIS v. STATE

No. A-9548.

195 P.3d 161 (2008)

Robert Leo HARRIS Jr., Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

October 31, 2008.


Attorney(s) appearing for the Case

Paul E. Malin, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant.

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

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


OPINION

MANNHEIMER, Judge.

The primary issue presented in this appeal is whether, and under what circumstances, a trial judge has the authority to exclude or restrict expert testimony offered by the defendant in a criminal case if the judge finds that the defense attorney has willfully (that is, purposely) violated the duty imposed by Alaska Criminal Rule 16(c)(4) to disclose that evidence before trial.

Under federal law, a judge clearly has...

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