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Mike Steely Morgan v. State of Alaska
Date: 01-27-2023
Case Number: A-13512
Judge: Harbison
Court: Court of Appeals of Alaska on appeal from the Superior Court, Third Judicial District, Anchorage Borough
Plaintiff's Attorney: "Seneca Theno Freitag, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Treg R. Taylor, Attorney General, Juneau, for the Appellee.
Defendant's Attorney:
Mike Steely Morgan was convicted in 2019, following a jury trial, of third-degree assault under the repeat-offender provision of AS 11.41.220(a)(5).[1] To meet its burden under this provision, the State presented evidence of Morgan's 2017 conviction for assault under Anchorage Municipal Code (AMC) 08.10.010(B)(1) and his 2016 conviction for assault on a police officer under AMC 08.10.010(D). The State argued that both of these offenses had "elements similar" to the elements of fourth-degree assault under AS 11.41.230(a)(1) - an offense that is specifically enumerated in the repeat-offender provision of AS 11.41.220(a)(5).
Morgan then moved for a judgment of acquittal, arguing that, as a matter of law, his 2016 conviction for assault on a police officer under AMC 08.10.010(D) was not a qualifying prior conviction under the repeat-offender provision of AS 11.41.220(a)(5). (Morgan conceded that his 2017 assault conviction was a qualifying prior conviction.) The superior court denied Morgan's motion.
About This Case
What was the outcome of Mike Steely Morgan v. State of Alaska?
The outcome was: The judgment of the superior court is REVERSED. This case is REMANDED to the superior court for further proceedings consistent with this opinion.
Which court heard Mike Steely Morgan v. State of Alaska?
This case was heard in Court of Appeals of Alaska on appeal from the Superior Court, Third Judicial District, Anchorage Borough, AK. The presiding judge was Harbison.
Who were the attorneys in Mike Steely Morgan v. State of Alaska?
Plaintiff's attorney: "Seneca Theno Freitag, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Treg R. Taylor, Attorney General, Juneau, for the Appellee.. Defendant's attorney: Click Here to Watch How To Find A Lawyer by Kent Morlan Click Here For The Best Anchorage Criminal Defense Lawyer Directory If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer..
When was Mike Steely Morgan v. State of Alaska decided?
This case was decided on January 27, 2023.