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GARDNER v. STATE

No. A-967.

702 P.2d 250 (1985)

Phillip A. GARDNER, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

June 28, 1985.

Attorney(s) appearing for the Case

Peter G. Ashman, Asst. Public Defender, Palmer, and Dana Fabe, Public Defender, Anchorage, for appellant.

Dwayne W. McConnell, Dist. Atty., Palmer, and Norman C. Gorsuch, Atty. Gen., Juneau, for appellee.

Before BRYNER, C.J., and COATS and SINGLETON, JJ.

OPINION

BRYNER, Chief Judge.

Phillip A. Gardner appeals from an order rejecting a notice of peremptory challenge in which Gardner sought to disqualify Palmer Superior Court Judge Beverly J. Cutler. We reverse the superior court's order and direct the appointment of another trial judge to replace Judge Cutler.

The facts are undisputed. Gardner was charged by indictment on February 8, 1985, with three counts of first-degree sexual assault. He was arraigned...

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