Paul Staael v. State Alaska

Paul Staael was charged with attempted first-degree murder. AS 11.41.100; AS 11.31.100. He was tried twice. A mistrial was declared at the first trial when the jury was unable to agree. Staael was convicted at his second trial. After conviction he moved to dismiss the attempted first-degree murder charge contending that his retrial was barred by double jeopardy. Staael appeals the trial courts denial of this motion and, in addition, argues that the trial court erred during his first trial in instructing the jury that it had to unanimously acquit on the target offense before considering lesser-included offenses. He also challenges the trial courts exclusion of lay testimony on the phenomenon of alcohol blackouts at his second trial and, finally, contends that the trial Judge improperly rejected a statutory mitigating factor and imposed an excessive sentence. We affirm.