Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 01-27-2023

Case Style:

Mike Steely Morgan v. State of Alaska

Case Number: A-13512

Judge: Harbison

Court: Court of Appeals of Alaska on appeal from the Superior Court, Third Judicial District, Anchorage Borough

Plaintiff's Attorney: "Seneca Theno Freitag, Assistant Attorney General, Office of Criminal Appeals, Anchorage, and Treg R. Taylor, Attorney General, Juneau, for the Appellee.

Defendant's Attorney:

Click Here to Watch How To Find A Lawyer by Kent Morlan

Click Here For The Best Anchorage Criminal Defense Lawyer Directory

If no lawyer is listed, call 918-582-6422 and MoreLaw will help you find a lawyer.

Description: Anchorage, Alaska criminal defense lawyer represented Defendant charged with fourth-degree assault.

MoreLaw Legal News For Anchorage

Mike Steely Morgan was convicted in 2019, following a jury trial, of third-degree assault under the repeat-offender provision of AS 11.41.220(a)(5).[1] To meet its burden under this provision, the State presented evidence of Morgan's 2017 conviction for assault under Anchorage Municipal Code (AMC) 08.10.010(B)(1) and his 2016 conviction for assault on a police officer under AMC 08.10.010(D). The State argued that both of these offenses had "elements similar" to the elements of fourth-degree assault under AS 11.41.230(a)(1) - an offense that is specifically enumerated in the repeat-offender provision of AS 11.41.220(a)(5).

Morgan then moved for a judgment of acquittal, arguing that, as a matter of law, his 2016 conviction for assault on a police officer under AMC 08.10.010(D) was not a qualifying prior conviction under the repeat-offender provision of AS 11.41.220(a)(5). (Morgan conceded that his 2017 assault conviction was a qualifying prior conviction.) The superior court denied Morgan's motion.

Outcome: The judgment of the superior court is REVERSED. This case is REMANDED to the superior court for further proceedings consistent with this opinion.

Plaintiff's Experts:

Defendant's Experts:


Find a Lawyer


Find a Case