Dan H. Jerrel v. State Alaska

A jury convicted Dan H. Jerrel of criminal mischief in the third degree, AS 11.46.484(a)(1), for defacing a wall mural with red spray paint in Homer on October 31, 1985. A retaining wall had been constructed in front of the parking lot of Proctors Grocery Store on Pioneer Avenue in conjunction with the renovation of the street, and a mural had been painted on the wall depicting the silhouettes of several musicians and dancers. District Court Judge Michael L. Wolverton sentenced Jerrel to sixty days with fifty days suspended, directed Jerrel to pay restitution to the Municipality of Homer in the amount of $819.99, and placed Jerrel on probation for two years. Jerrel appeals Judge Wovertons denial of his motion for change of venue, denial of his request for additional peremptory challenges of prospective jurors, and denial of his challenges of two jurors for cause. Jerrel also appeals District Court Judge Martha Beckwiths denial of his motions to suppress evidence obtained from electronic search warrants. We reverse on the ground that Jerrel was denied his right to trial by an impartial jury.