[DOWNLOAD] "Alexander N. Resek v. State Alaska" by Supreme Court of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: Alexander N. Resek v. State Alaska
- Author : Supreme Court of Alaska
- Release Date : January 30, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This petition presents the question of whether an indigent claimant has a constitutional right to appointed counsel at public expense in an in rem forfeiture proceeding. We hold that such an action is not a "criminal prosecution" within the meaning of Article 1, Section 11 of the Alaska Constitution, which provides that "in all criminal prosecutions, the accused shall have the right to . . . have the assistance of counsel for his defense." However, we recognize the potential for unfairness when the forfeiture action precedes a criminal prosecution, and thus we further conclude that in certain cases the trial court in its discretion may require that an appointment of counsel be made.
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