Blackmon v. State

OPINION

After a jury trial held May 14-15, 1981, Blackmon was convicted of criminal mischief in the third degree. 1 He now appeals, claiming error by the trial court in permitting the state to introduce evidence concerning a confidential conversation between Blackmon and his counsel, Mr. Paul Canar-sky. After careful consideration of the facts in this case, we agree that evidence of the conversation should not have been admitted.

During a recess in the trial, Blackmon and Canarsky had a conversation which was partially overheard by Alaska State Trooper Lowden, a judicial services officer who,…