Legal Opinion
Mekiana v. State
Court of Appeals of Alaska
Decided October 11, 1985No. A-268PublishedCited by 10 opinions
1Opinion of the Court
OPINION
BRYNER, Chief Judge.
This appeal presents the question of whether notice and an opportunity for a hearing are required before a sentencing court can refuse to set aside the conviction of a defendant who has successfully completed probation following a suspended imposition of sentence. We conclude that the defendant is entitled to prior notice and an opportunity for a hearing on the set-aside issue.
On January 19, 1978, Kenny Mekiana was convicted of assault with a dangerous weapon, in violation of former AS 11.15.-220. Superior Court Judge Jay Hodges suspended the imposition of Mekiana’s…
2Cases cited13 opinions
- Wolff v. McDonnellSupreme Court of the United States · 1974
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Trumbly v. StateAlaska Supreme Court · 1973
- Larson v. StateCourt of Appeals of Alaska · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Journey v. StateAlaska Supreme Court · 1995
- Gundersen v. Municipality of AnchorageCourt of Appeals of Alaska · 1988
- Wickham v. StateCourt of Appeals of Alaska · 1989
- State v. MekianaAlaska Supreme Court · 1986
- Wickham v. StateCourt of Appeals of Alaska · 1993
5 more not listed; retrieve them via the Exa API.