Kelly v. State

OPINION.

SINGLETON, Judge.

Clifford Kelly was convicted of two counts of assault in the fourth degree in violation of AS 11.41.280(a). Kelly assaulted his wife, Cheryl Kelly, and thereafter assaulted the state trooper responding to Cheryl Kelly’s complaints. He argues one issue on appeal: that he was denied a jury that represents a fair cross-section of the community, in violation of the state1 and federal2 constitutions. The incidents in question took place in Ninilchik, Alaska, forty-five miles from Kenai, Alaska. Kelly, his wife, the state trooper involved, and all of the witnesses are…