Hess v. State, 20 P.3d 1121 (Alaska 2001)

Apr 13, 2001

OUTCOME: The Alaska Supreme Court reversed the decision of the Alaska Court of Appeals and reversed Hess's conviction.

Hess was charged with sexually assaulting H.W. When he raised the defense of consent, Alaska Rule of Evidence 404(b)(3) permitted the state to call A.R. to testify that Hess had previously had nonconse ... nsual sex with her. The superior court denied Hess's request that the jury be told that another jury had acquitted him of sexually assaulting A.R. The Alaska Court of Appeals affirmed. Hess appealed to the Alaska Supreme Court.