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WATERMAN v. STATE

No. A-11052.

342 P.3d 1261 (2015)

Rachelle A. WATERMAN, Appellant, v. STATE of Alaska, Appellee.

Court of Appeals of Alaska.

February 6, 2015.

Attorney(s) appearing for the Case

Dan S. Bair , Assistant Public Advocate, Appeals and Statewide Defense Section, and Richard Allen , Public Advocate, Anchorage, for the Appellant.

Nancy R. Simel , Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for the Appellee.

Before: MANNHEIMER, Chief Judge, ALLARD, Judge, and HANLEY, District Court Judge.

OPINION

When a defendant is charged with criminally negligent homicide under AS 11.41.130, one of the elements the State must prove is that the defendant failed to perceive a risk of human death that was substantial and unjustifiable — "of such a nature and degree that the failure to perceive it constitute...

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