Noel v. State

OPINION

COATS, Judge.

A jury convicted Keith Noel of assault in the fourth degree, for threatening his wife with a knife. AS 11.41.230(a)(3). District Court Judge John D. Mason sentenced Noel to 180 days with 160 days suspended and placed him on probation for two years. Noel appeals the denial of his motion for mistrial based on prosecutorial misconduct. We reverse.

At trial, Keith Noel’s wife, Nita Noel, testified that on the night of the offense, she and her husband returned to their apartment with two friends after an evening of drinking at a local bar. The evidence at trial indicated that…