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MILLIGAN v. STATE

No. A-10788.

286 P.3d 1065 (2012)

Moses MILLIGAN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

September 21, 2012.

Attorney(s) appearing for the Case

Rex Lamont Butler , Rex Lamont Butler & Associates, Inc., Anchorage, for the Appellant.

Tamara de Lucia , Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and John J. Burns , Attorney General, Juneau, for the Appellee.

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

OPINION

BOLGER, Judge.

N.P. was drinking at a bar with a group of people, including Moses Milligan. After the bar closed, N.P. invited the group to continue drinking at her house. N.P. testified that she woke the next morning to find Milligan on top of her, engaging in sexual penetration. Milligan was convicted of sexual assault in the first and second degrees.

At trial, Milligan claimed that N.P. experienced memory loss and did not remember...

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