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eBook details

• Title: Billy Joe Howe v. State Alaska
• Author : Supreme Court of Alaska
• Release Date : January 25, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

BOOCHEVER, Justice. OPINION. Billy Joe Howe appeals from his conviction for robbery. At his trial, Howe relied on an insanity defense. Howe alleges that the trial court committed the following errors: first, the Judge improperly denied him the right to have counsel present during a court-ordered psychiatric interview; second, the court improperly excluded as hearsay certain statements made by Howe to a state trooper and the psychiatrist pertaining to his loss of memory; third, the court did not suppress evidence of a show-up; fourth, the court improperly denied him bail pending appeal; and finally, Howe claims his sentence fails to adequately consider the constitutional goal of rehabilitation. The state cross-appeals, contending that the sentence is too lenient. Because of the Disposition of the case, it is unnecessary to address the sentence issues. We find it necessary to reverse Howes conviction and remand for a new trial due to the denial of the right to have counsel present at the court ordered psychiatric examination. We also find it necessary to discuss the hearsay and show-up issues, as they are likely to arise in any new trial.

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