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DAGUE v. STATE

Nos. S-10385.

81 P.3d 274 (2003)

Michele K. DAGUE, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

December 5, 2003.

Attorney(s) appearing for the Case

Kathleen Murphy, Assistant Public Defender, Barbara K. Brink, Public Defender, Anchorage, for Petitioner.

W.H. Hawley, Jr., Assistant Attorney General, Anchorage, Gregg D. Renkes, Attorney General, Juneau, for Respondent.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Michele Dague admitted responsibility for the death of a ten-month-old child in her care. The only issue in dispute was whether Dague had acted "knowingly"—with awareness of the nature of her act—when she swung or threw the child against a hard object. This is an element of the extreme indifference second-degree murder charge against Dague. At trial Dague attempted to question the...

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