Marrone v. State

OPINION

SINGLETON, Judge.

In 1959, Frank Marrone was convicted of second degree murder. His conviction was affirmed on appeal. Marrone v. State, 359 P.2d 969 (Alaska 1961) (Marrone I). Thereafter, Marrone filed two applications for post-conviction relief. Judgments denying relief were affirmed respectively in Marrone v. State, 458 P.2d 736 (Alaska) (Marrone II), cert, denied, 397 U.S. 967, 90 S.Ct. 1005, 25 L.Ed.2d 260 (1969), and Marrone v. State, 581 P.2d 674 (Alaska 1978) (Marrone III). Marrone brought this third application for relief arguing: (1) that the trial court improperly instructed…