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Evidence keyed to Fisher
Blackmon v. State
Facts
At Appellant’s trial and during a recess, an Alaska State Trooper and judicial services officer overheard “about eight or nine words” that were spoken by Appellant to his counsel. The words were incriminating to Appellant. Over Appellant’s objection, the trial judge allowed the State Trooper to testify as to what he heard, ruling that the conversation was not privileged, that the probative value of the evidence outweighed its prejudicial effect, and that the testimony of the State Trooper was relevant. The judge ruled that the testimony was admissible despite the State Trooper’s admission that the, “conversation between [Appellant and his attorney] had the appearance of being private.”
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