Raphael v. State

This court holds that the superior court erred. As a remedy, it reverses Raphael’s conviction and remands for a new trial. I disagree with that result, and therefore dissent. Although the superior court’s acts cannot be condoned, I would not reverse outright, but remand to determine whether Raphael’s attorney’s failure to object was a tactical decision.

The proper result turns on our analysis of the plain error doctrine. Raphael’s trial attorney did not object to the procedure the superior court followed in jailing I.W. The state argues here, as it did before the court of appeals, that…