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JAMES v. STATE

No. S-10679.

84 P.3d 404 (2004)

Daryle JAMES, Petitioner, v. STATE of Alaska, Respondent.

Supreme Court of Alaska.

January 30, 2004.

Attorney(s) appearing for the Case

Dan S. Bair, Anchorage, for Appellant.

Nancy R. Simel, Assistant Attorney General, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for Appellee.

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

OPINION

CARPENETI, Justice.

I. INTRODUCTION

Daryle D. James was convicted of second degree sexual abuse of a minor and second-degree sexual assault. After his conviction, Danielle M.,1 the key witness and only eyewitness to the incident, recanted her testimony that she saw James having sex with the minor, Elaine F. The superior court denied James's motion for a new trial predicated on Danielle's recantation,...

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