Wamser v. State

OPINION

COMPTON, Justice.

This case raises the issue of whether a bailiff’s failure to notify a trial court of a jury foreman’s communication indicating that the jury was deadlocked constitutes reversible constitutional error. The superi- or court denied petitioner’s motion for post-conviction relief. The Alaska Court of Appeals affirmed. We reverse.

I. FACTUAL AND PROCEDURAL BACKGROUND

The facts in this case are undisputed. In 1977, Bernard H. Wamser (Wamser) was convicted in district court of unlawfully fishing for king crab in closed waters. We affirmed his conviction1.

Subsequently, Wamser…