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Anderson v. State

Citations

  • 123 P.3d 1110
  • 2005 Alas. App. LEXIS 134
  • 2005 WL 3131223

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that tossing away evidence constitutes evidence tampering only when the evidence is destroyed or its recovery is made “substantially more difficult or impossible”
  • holding that tossing away evidence constitutes evidence tampering only when the evidence is destroyed or its recovery is made “substantially more difficult or impossible”
  • concluding that the act of “tossing” a handgun and ammunition from a car window while being pursued by the police did not constitute the crime of evidence tampering
  • remanding for reconsideration of the defendant’s sentence when the court found legally impermissible aggravating factors based on conduct for which the defendant had been separately convicted
  • “[t]he test appears to be whether the defendant disposed of the evidence in a manner that destroyed it or that made its recovery substantially more difficult or impossible”
  • “This is not to say that the act of tossing away evidence can never constitute evidence tampering. The test appears to be whether the defendant disposed of the evidence in a manner that destroyed it or that made its recovery substantially more difficult or impossible.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Coats, Mannheimer, Stewart

Read full opinion on CourtListener

Cited by

16 cases in this archive cite this case.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.