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[Download] "State Alaska v. Charles Covington" by Court Of Appeals Of Alaska ~ eBook PDF Kindle ePub Free

State Alaska v. Charles Covington

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eBook details

  • Title: State Alaska v. Charles Covington
  • Author : Court Of Appeals Of Alaska
  • Release Date : January 27, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

In its petition for rehearing, the state takes exception to this courts holding in Covington v State, 703 P.2d 436 (Alaska App. 1985), that Covington was denied his constitutional right to a unanimous verdict. In our first consideration of this case, we found error because the state did not elect a specific incident within each count relied upon for conviction, and because no clarifying instruction was given requiring jury unanimity as to the incident or incidents of sexual abuse of which Covington was found guilty. 703 P.2d at 441. The state argues that Covington did not raise this issue in the court below, did not object to the jury instructions which were given, and did not indicate at any stage of the proceedings that he was concerned about a unanimous verdict. Covington responds that his arguments regarding deficiencies in the indictment and his contention that the trial court erred in denying him a bill of particulars, sufficiently directed the trial courts attention to the issue, so that this court could properly review it on appeal without regard to the plain error doctrine. Alternatively, Covington argues, the issue affected his constitutional right to an unanimous jury verdict, and would, therefore, qualify as a plain error if the court determines that plain error is the appropriate standard of review.


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