Brower v. State (1984)

In Brower v. State, 683 P.2d 290 (Alaska App. 1984), the defendant claimed an equal protection violation because the population of Fairbanks, where his grand jury convened, had a much smaller percentage of Alaska Natives than Barrow, where the offense occurred. The Court concluded that in order to establish underrepresentation of a cognizable group, the defendant must establish a disparity between the proportion of the group that exists in the population from which the grand jury is chosen and the proportion of that group among those selected to serve on grand juries. The Court noted that, "as long as the area from which the grand jury is chosen does not underrepresent a cognizable group when compared to the state as a whole, we will find no equal protection violation."