State v. Michel

OPINION

SINGLETON, Judge.

Miguel Michel was indicted for the crime of assault with a dangerous weapon (former AS 11.15.220). The trial court granted a mistrial at defendant’s request and, after hearing argument from the parties, found prosecutorial prejudicial misconduct and entered an order dismissing the indictment and barring retrial. The state has appealed.

The relevant facts are few. During the course of trial, while cross-examining defendant’s wife, who was a state’s witness, counsel for the state obtained a hearing out of the jury’s presence and unsuccessfully sought court permission to…