Hess v. AlaskaAnnotate this Case
Christopher Hess was convicted by jury of second and third degree assault. He appealed, arguing that the superior court committed plain error by not addressing improper statements in the prosecutor’s closing arguments. The court of appeals affirmed Hess’s convictions and held that, although some of the prosecutor’s statements were improper, they did not undermine the trial’s fundamental fairness. The Alaska Supreme Court determined the comments at issue here "affected important rights that could affect the fundamental fairness of the proceeding. The prosecutor suggested that the jury should consider his personal opinion of defense attorneys and Hess’s defense strategy. The prosecutor’s attack on the defense strategy and defense counsel was inappropriate, the comments were of no probative value, and they created a high potential for unfair prejudice." Because these statements were plain error, the Supreme Court reversed Hess' convictions and remanded for a new trial.