Mooney v. State

OPINION

COATS, Chief Judge.

Frank Mooney appeals his conviction and sentence for sexual assault in the first degree. In his main point on appeal, Mooney argues that Superior Court Judge Michael A. Thompson erred in denying as untimely Mooney’s challenge under Batson v. Kentucky to the prosecutor’s use of peremptory challenges which excluded Alaska Natives from the jury. We hold that Mooney’s Bat-son challenge was untimely because Mooney made the motion after Judge Thompson had sworn the jury and dismissed the jury venire. We also reject Mooney’s other challenges to his conviction and uphold his…