Hess v. State

Summary

The Alaska Supreme Court held that improper prosecutorial comments attacking the defense attorney and the defense theory during closing argument constituted plain error. Because the case depended substantially on conflicting witness testimony and the comments were repeated without a curative instruction, the court found a reasonable probability that the error affected the verdict. The court reversed Christopher Hess’s assault convictions and remanded for a new trial.

Holdings

1. Alaska plain-error review requires four findings: an error not resulting from an intelligent waiver or tactical decision not to object, obvious error, an error affecting substantial rights by pertaining to the fundamental fairness of the proceeding, and prejudice.
2. The prosecutor's repeated attacks on defense counsel and accusations that the defense was vilifying the victim were improper and constituted obvious error.
3. The prosecutor's improper closing-argument statements were prejudicial plain error because they affected substantial rights and there was a reasonable probability that they affected the outcome of the trial.

Questions Presented

1. Whether the prosecutor's improper closing-argument statements attacking the defense and defense counsel constituted plain error despite Hess's failure to object at trial.
2. Whether the improper prosecutorial comments affected Hess's substantial rights and prejudiced the fundamental fairness and outcome of the trial.

Disposition

reversed_and_remanded