MORENO v. STATE

No. A-10837.

295 P.3d 930 (2013)

Jorge MORENO, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

February 7, 2013.


Order

Jorge Moreno has filed a petition for rehearing from this court's memorandum opinion dated January 9, 2013. Moreno argues that the opinion improperly requires him to prove that his counsel did not make a tactical decision to withhold an objection to Sergeant Sundai's testimony.

We believe that this argument misconceives the nature of plain error analysis. If an attorney makes a conscious decision not to object to inadmissible evidence in order to gain...

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