Ephamka v. State

OPINION

MANNHEIMER, Judge.

On April 7, 1992, the District Attorney’s Office presented the Bethel grand jury with a proposed indictment charging Nick J. Ep-hamka, Jr. with second-degree sexual assault, AS 11.41.420(a)(3)(B). The grand jury, after hearing the government’s evidence, returned a “no true bill” — that is, the grand jury voted not to indict Ephamka. Three days later, on April 10, the district attorney’s office asked the Bethel superior court for permission to resubmit the case to the grand jury. Over Ephamka’s objection, Superior Court Judge Dale O. Curda granted the government’s…