All States › Evidence
Neutral Court Opinion May 01, 2026

Tallon Westlake v. State of Alaska

── Tallon Westlake v. State of Alaska ── Court: Court of Appeals of Alaska Date: April 17, 2026 Category: General NOTICE The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts: 303 K Street, Anchorage, Alaska 99501 Fax: (907) 264-0878 E-mail: [email protected] IN THE COURT OF APPEALS OF THE STATE OF ALASKA TALLON COLT WESTLAKE, Court of Appeals No. A-14462 Petitioner, Trial Court No. 3AN-22-06282 CR v. OPINION STATE OF ALASKA, Respondent. No. 2828 — April 17, 2026 Petition for Review from the Superior Court, Third Judicial District, Anchorage, Michael L. Wolverton, Judge. Appearances: Jenna C. Klein, Assistant Public Defender, and Terrence Haas, Public Defender, Anchorage, for the Petitioner. Nancy R. Simel, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Treg R. Taylor, Attorney General, Juneau, for the Respondent. Before: Wollenberg, Harbison, and Terrell, Judges. Judge TERRELL. Under the Double Jeopardy Clauses of the United States and Alaska Constitutions,1 a defendant cannot be retried for the same offense following a mistrial 1 U.S. Const. amend. V; Alaska Const. art. I, § 9. absent their consent to the mistrial or “manifest necessity” for the mistrial.2 The prohibition on multiple trials for the same offense without the defendant’s consent or manifest necessity is “deeply ingrained” in our legal system, serving as a valuable check against government overreach.3 But like many of our constitutional protections against government overreach, it is not without cost. Enforcing the prohibition against multiple trials means there will be instances where “the State will be barred from retrying the defendant, regardless of the strength of the State’s evidence.”4 Here, Tallon Colt Westlake was tried on four theories of homicide and one count of tampering with physical evidence for allegedly beating his father to death and then cleaning up the scene. The jury began deliberations on a Thursday afternoon and continued into Friday before advising the trial court first thing Monday morning that it had reached a verdict on the highest charge but had not reached a unanimous verdict on the next highest charge. Upon further inquiry by the court, the jury said that it had been unable to reach a decision on any of the remaining counts but also asked for clarification regarding one of the counts. The jury ultimately returned a verdict of not guilty on the most serious charge, first-degree murder. Before the jury returned this verdict, however, the court engaged in an exchange with the jury foreperson in open court which indicated that there was juror confusion about several legal issues. Rather than inquiring about this apparent confusion or attempting to clarify it, the court determined, after polling the jury, that the jury was hung and dismissed the jury over Westlake’s objection. 2 Arizona v. Washington, 434 U.S. 497, 505 (1978); Koehler v. State, 519 P.2d 442, 448 (Alaska 1974). 3 Green v. United States, 355 U.S. 184, 187-88 (1957). 4 Allen v. State, 366 P.3d 536, 541 (Alaska App. 2016). –2– 2828 Westlake moved to dismiss his case on double jeopardy grounds. Westlake argued that there was no manifest necessity for declaring a mistrial because the jury did not deliberate for a sufficient l
CourtListener · Apr 17, 2026
Original link
Share on X Share on Facebook
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works the way quoting a news article works. Select a passage above and the same panel opens: the passage goes to the official you choose, with this document's own address as its source and its own type. #}