Alaska Supreme Court

Byron Kalmakoff, Petitioner v. State of Alaska, Respondent

July 29, 20112011 Alas. LEXIS 74

Summary

The court held that Kalmakoff was in custody throughout his first interview, so the troopers violated Miranda by questioning him without warnings. The troopers also violated his constitutional right to remain silent during the second interview, and those violations tainted the statements obtained in the third and fourth interviews. Because admitting the statements was not harmless beyond a reasonable doubt, the court reversed the convictions and remanded for a new trial.