HA v. STATE

No. A-4818.

892 P.2d 184 (1995)

Xi Van HA, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

March 31, 1995.


Attorney(s) appearing for the Case

David B. Koch, Asst. Public Defender, and John B. Salemi, Public Defender, Anchorage, for appellant.

James L. Hanley, Asst. Atty. Gen., Office of Special Prosecutions and Appeals, Anchorage, and Bruce M. Botelho, Atty. Gen., Juneau, for appellee.

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


OPINION

MANNHEIMER, Judge.

Xi Van Ha1 appeals his conviction for second-degree murder, AS 11.41.110(a)(1). As explained in more detail below, the superior court refused to allow Ha to argue self-defense to the jury. The court allowed Ha to argue heat of passion to the jury, but the court instructed the jurors that they should evaluate the extent of the victim's provocation and the extent of Ha's opportunity to

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