Jorge Moreno, Petitioner v. State of Alaska, Respondent; Mary Hicks, Petitioner, v. State of Alaska, Respondent

Summary

The court held that plain-error review may not be foreclosed by presuming, on a silent or ambiguous record, that defense counsel's failure to object was tactical or by placing the burden on the defendant to disprove that possibility. A tactical decision or intelligent waiver must be plainly obvious from the face of the record. The court nevertheless affirmed Moreno's conviction because the constitutional error was harmless beyond a reasonable doubt, while remanding Hicks's case for further proceedings. No separate opinions were issued.