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MOONEY v. STATE

No. A-8383.

105 P.3d 149 (2005)

Frank MOONEY, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

January 7, 2005.

Attorney(s) appearing for the Case

Loren K. Stanton, Ketchikan, for Appellant.

Kenneth J. Diemer, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Gregg D. Renkes, Attorney General, Juneau, for Appellee.

Before: COATS, Chief Judge, and MANNHEIMER and STEWART, Judges.

OPINION

COATS, Chief Judge.

Frank Mooney appeals his conviction and sentence for sexual assault in the first degree. In his main point on appeal, Mooney argues that Superior Court Judge Michael A. Thompson erred in denying as untimely Mooney's challenge under Batson v. Kentucky to the prosecutor's use of peremptory challenges which excluded Alaska Natives from the jury. We hold that Mooney's Batson challenge was untimely because Mooney...

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