268 P.3d 355
Alaska Ct. App.2011Background
- Liddicoat was convicted of second-degree assault, interfering with a DV report, fourth-degree criminal mischief, and fifth-degree weapons misconduct for possessing a steak knife.
- The steak knife was found during a pat-down after arrest for the listed offenses; he argued it was not a deadly weapon under AS 11.81.900.
- Post-verdict, Liddicoat sought a new trial and an evidentiary hearing alleging juror Guthrie failed to disclose acquaintance and bias, and may have discussed the case while serving.
- Judge Carey denied the evidentiary hearing request and invited additional affidavits; defense later provided some affidavits but the court treated the motion as lacking admissible evidence.
- On appeal, the Alaska appellate court held the defense failed to show entitlement to an evidentiary hearing due to insufficient admissible evidence and lack of connection to Guthrie.
- The court also interpreted the deadly weapon statute to affirm that a steak knife qualifies as a deadly weapon, applying statutory text and legislative history.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Liddicoat was entitled to an evidentiary hearing on juror misconduct | Liddicoat | State | No; insufficient admissible evidence to warrant a hearing |
| Whether a steak knife constitutes a deadly weapon for purposes of the weapons misconduct statute | Liddicoat | Liddicoat | Steak knife falls within deadly weapon; conviction affirmed |
Key Cases Cited
- Swain v. State, 817 P.2d 927 (Alaska App. 1991) (juror misconduct can obstruct justice if nondisclosure affects bias challenges)
- West v. State, 409 P.2d 847 (Alaska 1966) (basis for obstruction of justice analysis in juror disclosure)
- Fickes v. Petrolane-Alaska Gas Service, 628 P.2d 908 (Alaska 1981) (concepts related to juror or witness disclosure and impact on fair trial)
- Manrique v. State, 177 P.3d 1188 (Alaska App. 2008) (parallels for evidentiary hearing standards and appellate review)
- Medley v. Runnels, 506 F.3d 857 (9th Cir. 2007) (federal standard cited on interpretation of similar concealed weapon definitions)