[Download] "Mike G. Smiloff v. State Alaska" by Supreme Court of Alaska # eBook PDF Kindle ePub Free

eBook details

Title: Mike G. Smiloff v. State Alaska
Author : Supreme Court of Alaska
Release Date : January 26, 1978
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

RABINOWITZ, Justice. OPINION. Appellant Mike Smiloff was indicated for the crime of lewd and lascivious acts towards a child
in violation of AS 11.15.134. Prior to trial Smiloff moved to dismiss the indictment on the grounds that AS 11.15.134 IS unconstitutionally
void for vagueness, and that the grand jury selection procedures did not comport with either applicable statutory requirements
or constitutional mandate. Smiloff also filed a pretrial motion in which he sought to prevent the prosecution's exercise of
any preemptory challenges to petit jurors. The three motions were subsequently denied. After the jury had been selected and immediately prior to opening statements, Smiloff's counsel requested the superior court
to examine the accused's competency to stand trial in light of the problems he had encountered in attempting to obtain assistance
from Smiloff. The superior court, relying on the prior reports of the examining physician, concluded that there was "no evidence
to suggest Mr. Smiloff is other than competent to stand trial." After trial, the jury returned a verdict of guilty, and the
superior court sentenced Smiloff to a term of imprisonment of 5 years. This appeal followed.