Norris v. State (1993)

But see Norris v. State, 857 P.2d 349, 355 (Alaska Ct.App.1993) (attorney's statement to the jury can clarify meaning of extreme indifference to the jury) 3 The notice of appeal, filed after the petition was denied, but before the judgment, was timely.

Grasle, Inc., 816 P.2d 1343 , 1349 n. 11 (Alaska 1991). [19] See Roth, 626 P.2d at 585 . [20] See Hamilton v. State, 771 P.2d 1358, 1360 (Alaska App.1989). [21] See Lamont v. State, 934 P.2d 774, 777 (Alaska App.1997); Ha v. State, 892 P.2d 184, 190 (Alaska App.1995); see also Snyder v. State, 930 P.2d 1274, 1280 (Alaska 1996). [22] See AS 11.81.335 ("use of deadly force in defense of self"). [23] See AS 11.41.115(a) & (f)(2) ("heat of passion" resulting from "serious provoc…

NOTES [1] 657 P.2d 850, 855 (Alaska App.1983). [2] See Brown v. State, Memorandum Opinion No. 3815, 1998 WL 224920 (Alaska App.; May 6, 1998). [3] See McClain v. State, 519 P.2d 811, 813-14 (Alaska 1974) (holding that sentencing decisions are to be affirmed on appeal unless they are "clearly mistaken"). [4] Page, 657 P.2d at 855 . [5] See, for example, Cheely v. State, 861 P.2d 1168, 1179 (Alaska App.1993); Norris v. State, 857 P.2d 349, 356, 357 (Alaska App.1993); Gustafson…

See Comeau v. State, 758 P.2d 108, 114 (Alaska App. 1988), where this Court held that, under Alaska law, a person who drives a motor vehicle on a public roadway while impaired by alcohol, in the presence of other traffic, is “necessarily guilty of driving recklessly or with criminal negligence, as those terms are defined in [Alaska’s] criminal code.” In his brief to this Court, Geisinger argues that this analysis is flawed because, as we explain in the next section of this o…

See Riley v. State, 60 P.3d 204, 208 (Alaska App. 2002) ("[W]e have repeatedly held that ambiguities and potential flaws in jury instructions can be cured by the arguments of the parties.”); Norris v. State, 857 P.2d 349, 355 (Alaska App. 1993) ("The parties' arguments can cure defects or omissions injury instructions.”). 72 .

See Riley v. State, 60 P.3d 204, 208 (Alaska App.2002) ("we have repeatedly held that ambiguities and potential flaws in jury instructions can be cured by the arguments of the parties”); Norris v. State, 857 P.2d 349, 355 (Alaska App. 1993); O'Brannon v. State, 812 P.2d 222, 229 (Alaska App. 1991).

See Ward v. State, 758 P.2d 87, 91-92 (Alaska 1988) (holding that jurors need not be unanimous on whether the defendant drove a motor vehicle while impaired or with a blood alcohol level of .10 percent or greater); Ragsdale v. State, 23 P.3d 653, 658-59 (Alaska App.2001) (holding that in prosecution for second-degree sexual assault jurors need not be unanimous on whether the defendant engaged in sexual penetration with a person he knew was incapacitated or with a person he k…

Similarly, in Norris v. State, 857 P.2d 349, 355 (Alaska App.1993), we concluded that even though the jury instruction on second-degree murder was flawed, the error in the instruction was cured by the explanation of this point contained in the summations of the parties, and thus the error did not prejudice the defendant.

See Hamilton v. State, 59 P.3d 760, 772 (Alaska App.2002); Cheely v. State, 861 P.2d 1168, 1178-1180 (Alaska App.1993); Norris v. State, 857 P.2d 349, 356-58 (Alaska App.1993); Gustafson v. State, 854 P.2d 751, 763-67 (Alaska App.1993); Monroe v. State, 847 P.2d 84, 92-93 (Alaska App.1993); Page v. State, 657 P.2d 850, 853-55 (Alaska App.1983); Faulkenberry v. State, 649 P.2d 951, 956-57 (Alaska App.1982). 15 .

See Braun v. State, 911 P.2d 1075, 1081 (Alaska App.1996); Norris v. State, 857 P.2d 349, 355 (Alaska App.1993); O'Brannon v. State, 812 P.2d 222, 229 (Alaska App.1991). 9 .

See Baker v. State, 905 P.2d 479, 489 (Alaska App.1995) (in a prosecution for robbery, the jurors did not need to unanimously agree on whether the defendant (as opposed to one of his co-robbers) was the one who actually struck the victim); Norris v. State, 857 P.2d 349, 354 (Alaska App.1993) (in a prosecution for second-degree murder, the jurors did not need to unanimously agree on whether the defendant purposely fired his rifle at the victim or, instead, whether the victim …

See Braun v. State, 911 P.2d 1075, 1081 (Alaska App.1996); Norris v. State, 857 P.2d 349, 355 (Alaska App.1993); O'Brannon v. State, 812 P.2d 222, 229 (Alaska App.1991). 22 .

See id. at 351-52 . 16 .

See Norris v. State, 857 P.2d 349, 355 (Alaska App.1993); O'Brannon v. State, 812 P.2d 222, 229 (Alaska App.1991). 9 . 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). 10 . 527 P.2d 472 (Alaska 1974). 11 .

See, e.g., Norris v. State, 857 P.2d 349, 355 (Alaska App.1993); O’Brannon v. State, 812 P.2d 222, 229 (Alaska App.1991). 6 .

See Norris v. State, 857 P.2d 349, 355 (Alaska App.1993); O'Brannon v. State, 812 P.2d 222, 229 (Alaska App.1991) (the parties' arguments can cure defects, ambiguities, or omissions in the jury instructions). 12 .

See Norris v. State, 857 P.2d 349, 355 (Alaska App.1993); O'Brannon v. State, 812 P.2d 222, 229 (Alaska App.1991) (the parties’ arguments can cure defects or omissions in jury instructions).