State of Alaska v. the Estate of Harry Powell

Summary

The Alaska Supreme Court held that Criminal Rule 6(s) permits prosecutors to present recorded statements of child victims to a grand jury when the statements would satisfy the requirements for admission at a future trial under Evidence Rule 801(d)(3). The rule therefore does not require the State to complete trial-specific judicial findings or establish present cross-examination availability during the grand jury proceeding, but the prosecutor must make a good-faith, reasonable assessment that the requirements will be met by trial. The court reversed and remanded because the lower courts had not determined whether the recordings would ultimately satisfy the evidentiary rule.