State of Alaska v. the Estate of Harry Powell

Summary

The Alaska Supreme Court held that Criminal Rule 6(s) permits prosecutors to present grand-jury evidence that would be legally admissible at a future trial, even when some foundational requirements cannot be satisfied during the grand-jury proceeding itself. Accordingly, recorded statements of minor crime victims may be presented to the grand jury if the prosecutor reasonably and in good faith determines that the statements will satisfy Evidence Rule 801(d)(3) by the time of trial. The court reversed and remanded for a determination of the recordings' admissibility under that standard.