Legal Opinion
Swain v. State
Court of Appeals of Alaska
Decided September 20, 1991No. A-2913PublishedCited by 19 opinions
1Opinion of the Court
OPINION
BRYNER, Chief Judge.
Swanee P. Swain and Mark C. Ellis were convicted by a jury of robbery in the first degree, burglary in the first degree, and assault in the third degree. They moved for a new trial, alleging misconduct by one of their jurors. Superior Court Judge Beverly W. Cutler denied the motion. On appeal, Swain and Ellis contend that the court erred in failing to order a mistrial. We remand.
The state’s evidence at trial indicated that, on November 17, 1986, Swain and Ellis entered the Keck residence near Was-illa; they held John Schreiber, who was housesitting, at gunpoint…
2Cases cited22 opinions
- Murphy v. FloridaSupreme Court of the United States · 1975
- Whitton v. StateAlaska Supreme Court · 1970
- United States v. HowardCourt of Appeals for the Fifth Circuit · 1975
- James Miller v. United StatesCourt of Appeals for the Second Circuit · 1968
- Donald Dickson v. G.E. Sullivan, Superintendent, Oregon State Correctional InstitutionCourt of Appeals for the Ninth Circuit · 1988
17 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Pease v. StateCourt of Appeals of Alaska · 2002
- Cheely v. StateCourt of Appeals of Alaska · 1993
- Larson v. StateCourt of Appeals of Alaska · 2003
- Titus v. StateAlaska Supreme Court · 1998
- Van Huff v. Sohio Alaska Petroleum Co.Alaska Supreme Court · 1992
14 more not listed; retrieve them via the Exa API.