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State v. Jouppi (5/10/2017) ap-2551

State v. Jouppi (5/10/2017) ap-2551

                                                                                          NOTICE
  

               The text            of   this opinion can be corrected before the opinion is published in the                                         

               Pacific Reporter                  .   Readers are encouraged to bring typographical or other formal                                           

               errors to the attention of the Clerk of the Appellate Courts:    



                                                          303 K Street, Anchorage, Alaska  99501  

                                                                             Fax:  (907) 264-0878  

                                                                E-mail:  corrections@ akcourts.us  



                                 IN THE COURT OF APPEALS OF THE STATE OF ALASKA                                                                  



STATE  OF  ALASKA,                                                                                  Court  of  Appeals  Nos.  A-11819,  A-11829,  

                                                                                                                                       and  A-11830  

                                                             Appellant,  

                                                                                                                Trial  Court  Nos.  4FA-12-3228  CR  

                                              v.                                                                              and  4FA-12-3659  CR  



KENNETH JOHN JOUPPI and                                                                                                            O  P  I  N  I  O  N  

                                                                                                                                                                    

KEN AIR, LLC,  

                        



                                                             Appellees.                                                 No. 2551 - May 12, 2017  

                                                                                                                                                                        



                              Appeal   from  the                          District   Court,  Fourth  Judicial   District,  

                                                                                                                                                   

                               Fairbanks, Patrick S. Hammers, Judge.  

                                                                                                    



                              Appearances:  Donald Soderstrom, Assistant Attorney General,  

                                                                                                                                                     

                               Office   of   Criminal   Appeals,  Anchorage,  and  Michael   C.  

                                                                                                                                                                 

                               Geraghty and Craig W. Richards, Attorneys General, Juneau, for  

                                                                                                                                                                 

                              the   Appellant.                       Nelson   Traverso,  Fairbanks,  for   Appellee  

                                                                                                                                                  

                               Kenneth Jouppi.  Robert John, Fairbanks, for Appellee Ken Air,  

                                                                                                                                                                

                               LLC.  

                                            



                               Before:  Mannheimer, Chief Judge, and Allard, Judge.  

                                                                                                                                                    



                               Judge MANNHEIMER.  

                                             



                               The State of                Alaska prosecuted Kenneth John Jouppiand                                                           the air carrier that           



he and his wife owned, Ken Air, LLC, for unlawful importation of alcoholic beverages                                                                                           



into a "local option" community (                                          i.e., a community that had exercised its option under                                                        


----------------------- Page 7-----------------------

                                                                                                                           

                     On appeal, the defendants argue that Sgt. Yancey's above-quotedtestimony  



                                                                                                                                     

was  improper because it amounted to an assertion about Jouppi's mental state - an  



                                                                                                              

assertion that Jouppi acted with the  



                                                                                                                                 



                                                                                                                               



                                                                                                                                  



                                                                                                                                    



                                                                                                                           



                   



                                                                                                                                   



                                                                                                                                 



                                                                                                                                     



                                                                                                                           



                                                                                                                                  



                                                                                 



                                                                                                                          



                        



                                                                                                                 



                                                                                                                            



                                                                                                                               



                                                                                                                     



                                                                                                                                     



                                                                                                                                 



                    

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