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SMITH v. STATE

Court of Appeals No. A-11759.

549 P.3d 145 (2024)

Martin C. SMITH, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

April 26, 2024.

Attorney(s) appearing for the Case

Robert John, Law Office of Robert John, Fairbanks, for the Appellant.

Timothy W. Terrell, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Kevin G. Clarkson, Attorney General, Juneau, for the Appellee.

Douglas O. Moody, Assistant Public Defender, and Beth Goldstein, Acting Public Defender, Anchorage, for the Alaska Public Defender Agency, as amicus curiae.

Before: Allard, Chief Judge, Wollenberg, Judge, and Mannheimer, Senior Judge.

OPINION

Under Article I, Section 8 of the Alaska Constitution, a felony prosecution must proceed by grand jury indictment unless the accused waives indictment. The grand jury functions as "both a shield and sword of justice" — on the one hand, tasked with bringing criminal charges against...

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