Allen v. State

123 P.3d 1106 (2005)

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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.)

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