ANCHORAGE v. GEBER

Nos. 4016, 4037, 3827 and 4046.

592 P.2d 1187 (1979)

ANCHORAGE, a Municipal Corporation, Appellant, v. Arthur GEBER, Appellee. David EARLEY, Appellant, v. STATE of Alaska, Appellee. Jennie L. WILLIS, Petitioner, v. ANCHORAGE, a Municipal Corporation, Respondent. ANCHORAGE, a Municipal Corporation, Petitioner, v. Jerry Dean BUFFINGTON, Respondent.

Supreme Court of Alaska.

March 30, 1979.


Attorney(s) appearing for the Case

Douglas B. Baily, Dunn, Baily & Mason, Anchorage, for appellee Geber.

Craig Cornish, Asst. Public Defender, Brian C. Shortell, Public Defender, Anchorage, for appellant Earley.

Roger W. DuBrock, Wade & DuBrock, Anchorage, for petitioner Willis.

Joseph W. Evans, Birch, Horton, Bittner & Monroe, Anchorage, for respondent Buffington.

Allen M. Bailey, Municipal Pros., Anchorage, Donald L. Starks, Municipal Prosecutor, Anchorage and Theodore Berns, Municipal Atty., Anchorage, for appellant, petitioner and respondent Anchorage, a Municipal Corp.

Monica Jenicek and Mary Anne Henry, Asst. Dist. Attys., Joseph D. Balfe, Dist. Atty., Anchorage, Avrum M. Gross, Atty. Gen., Juneau, for State.

Before BOOCHEVER, C.J., RABINOWITZ, and BURKE, JJ., DIMOND, Senior Justice, and COMPTON, Superior Court Judge.


OPINION

BURKE, Justice.

The main issue in each of four cases1 now before us is whether, in prosecuting a charge of operating a motor vehicle while under the influence of intoxicating liquor, law enforcement officials can utilize the results of a blood alcohol test, when the blood used in performing the test was extracted from the accused against his or her will, after refusal to submit to a breathalyzer examination. A second...

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