State v. Hannagan

OPINION

Before BOOCHEVER, C. J., and RABI-NOWITZ, CONNOR, ERWIN and BURKE, JJ. BOOCHEVER, Chief Justice.

The State of Alaska appeals from the decision of the trial court rendered on a Criminal Rule 35(b) post-conviction relief proceeding. This appeal raises the initial procedural question of the state’s right to appeal from post-conviction relief proceedings, as well as the substantive issue of the defendant’s right to be present during the playback of trial testimony to the jury. We hold that the state may appeal a Criminal Rule 35(b) post-conviction relief determination. We further hold that…