DUI: No abuse of discretion in giving Norquay instruction after 3 hours of deliberation on whether graveled area was way of state. . . conviction affirmed. . . Souza affirmed. [Read more…]
Speedy trial, jail in concurrent case, 625 days
SPEEDY TRIAL claim of Defendant who bonded out of Yellowstone case but then held in BSB jail on unrelated charges rejected… Knisely affirmed. [Read more…]
Malicious prosecution/process abuse/attorney deceit
MALICIOUS PROSECUTION/ABUSE OF PROCESS/ATTORNEY DECEIT: JML properly granted on malicious prosecution of attorney whose client claimed he had been held at MSP 14 months beyond proper release date… seeking to coerce [Read more…]
DUI, “ambiguous” Alaska felony enhancement
DUI: 1991 Alaska conviction properly used to enhance DUI to felony over request for lenity based on ambiguity as to whether it was DUI or BAC… Gustafson affirmed (IOR (I)-3)(d)). [Read more…]
DUI, sleeping driver in bar lot
DUI: Particularized suspicion to check on vehicle with sleeping driver in closed bar lot ripened into probable cause to arrest… reinstatement of suspended license properly denied…. Fagg affirmed (IOR I-3(d)(v)). [Read more…]
DUI, HGN/PBT suppressed, BAC/video admitted
DUI: Defendant failed to suppress BAC test/video after HGN/PBT suppressed, but officer still had probable cause to arrest based on observations… Todd affirmed (IOR I-3(d)(v)). [Read more…]