Quimbee logo
DMCA.com Protection Status

Allen v. State

123 P.3d 1106 (2005)

Case BriefRelatedOptions
From our private database of 33,800+ case briefs...

Allen v. State

Alaska Court of Appeals

123 P.3d 1106 (2005)

Facts

Dominic Allen (defendant) was pulled over by a state trooper for driving without his headlights on. The officer determined that Allen’s driver’s license was suspended. Allen was arrested. Allen’s attorney expressed an intention to invoke the affirmative defense of necessity at trial. The state of Alaska (plaintiff) sought an offer of proof. Allen’s attorney stated that he was prepared to present evidence showing that Allen’s mother had been driving the vehicle when she began to experience fatigue and double vision, Allen became concerned for her medical well-being, and Allen insisted on driving. Allen’s attorney sought to prove that Allen’s intent—prior to being pulled over—was to drive to a nearby liquor store that Allen knew to have a phone, which he would then use to seek medical attention for his mother. However, Allen’s mother testified that she did not seek medical attention that night. Allen’s mother also said that there was a strip club in much closer proximity than the liquor store, though it was unknown whether a phone was available there. The judge refused to permit jury instructions on the defense of necessity, concluding that Allen could have walked to the strip club and sought help there. Allen was convicted of driving with a suspended license and violating the conditions of his release in connection with another charge. Allen appealed, arguing that the judge should have instructed the jury on his proposed defense. The Alaska Court of Appeals granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Mannheimer, J.)

Dissent (Stewart, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 605,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 605,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 605,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,800 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership