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WHITE v. STATE

No. A-10902.

298 P.3d 884 (2013)

Brett R. WHITE, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

April 5, 2013.

Attorney(s) appearing for the Case

Lars Johnson , Assistant Public Defender, and Quinlan Steiner , Public Defender, Anchorage, for the Appellant.

James Scott , Assistant District Attorney, Ketchikan, and Michael C. Geraghty , Attorney General, Juneau, for the Appellee.

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

OPINION

MANNHEIMER, Judge.

A jury found Brett R. White guilty of fourth-degree assault. After the jury returned this verdict, White asked the district court to order a new trial under Alaska Criminal Rule 33(a), on the ground that the verdict was against the weight of the evidence. The district court denied this motion, but the court's written decision suggests that the court may have employed the wrong legal test when deciding this issue.

As this...

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