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STATE v. LEIGHTON

No. A-11389.

336 P.3d 713 (2014)

STATE of Alaska, Appellant, v. Tara LEIGHTON, Appellee.

Court of Appeals of Alaska.

October 24, 2014.

Attorney(s) appearing for the Case

Tamara E. de Lucia and Timothy W. Terrell , Assistant Attorneys General, Office of Special Prosecutions and Appeals, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for the Appellant.

Wendy M. Doxey , Law Offices of William R. Satterberg Jr., Fairbanks, for the Appellee.

Before: MANNHEIMER, Chief Judge, ALLARD, Judge, and HANLEY, District Court Judge.

OPINION

HANLEY, Judge.

In this appeal, we are asked to decide whether the grand jury clause of the Alaska Constitution (article I, section 8) requires grand juries to be instructed that they have absolute discretion to refuse to return an indictment, even when the State presents sufficient evidence to support the accusation. In this case, the superior court ruled that grand juries must be instructed in this fashion. For the reasons explained here...

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