02 Mar Alaska Supreme & Appellate Court Headnotes From 2.24.2017
Alaska Supreme Court Headnotes
Featured Case: STANLY PIENIAZEK | APPELLANT, V | STATE OF ALASKA | APPELLEE | Alaska Court of Appeals
Trial court misapplied the necessary factors needed for determining a defendant’s competency to stand trial and subsequently convicted defendant. Therefore, defendant’s case must be remanded for a competency determination and possible new trial.
Criminal law – Competency
Alaska Courts of Appeals Headnotes
YOUNG JAE KIM, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals
A police officer improperly testified and the defendant was improperly questioned, as to credibility of other witnesses, but such mistakes did not constitute plain error because they were based on clear evidence already evident to the jury.
Criminal law – Plain error – Witness credibility – Relevance
YOUNG JAE KIM, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals
Defendant’s failure to object to improper questioning at trial resulted in appellate review using the plain error standard
Criminal law – Waiver on appeal – Plain error
YOUNG JAE KIM, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals
Prosecutor’s closing argument’s inclusion of reasonable inferences as to defendant’s credibility did not amount to personal opinion because such an assertion was directly based on evidence introduced at trial.
Criminal law – Closing argument
GARY LYNN JOHNSON, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals
A change of venue is not warranted based on the amount of potentially prejudicial pre-trial publicity. Rather, the inability of the selected jury to remain impartial will determine if a change of venue is justified.
Criminal law – Change of venue
GARY LYNN JOHNSON, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals
Defendant’s one act of non-consensual contact was legally insufficient to establish the criminal offense of stalking.
Criminal law – Sufficiency of evidence – Stalking
GARY LYNN JOHNSON, APPELLANT, V. STATE OF ALASKA, APPELLEE. Alaska Court of Appeals
Trial court properly concluded that defendant’s prior criminal conviction could be admitted into evidence because it was relevant to the underlying criminal charge and did not improperly prejudice the jury based on the trial judge’s cautionary instruction.
Criminal law – Prior criminal history