Norbert v. State

In Norbert v. State, 718 P.2d 160 (Alaska App. 1986), the Court rejected a claim of vindictive prosecution in a case where the State indicted the defendant on felony charges after the defendant had asserted "his right to a jury trial on misdemeanor offenses." Id. at 162. The Court held that there was "no reason to apply a presumption that vindictive prosecution has taken place when charges are increased prior to, or at the time of, the original indictment." Ibid,