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STATE v. GARRISON

No. S-12381.

171 P.3d 91 (2007)

STATE of Alaska, Petitioner, v. Lina I. GARRISON, Respondent.

Supreme Court of Alaska.

November 9, 2007.

Attorney(s) appearing for the Case

Diane L. Wendlandt, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and David W. Márquez, Attorney General, Juneau, for Appellant.

Renee McFarland, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for Appellee.

Before: FABE, Chief Justice, MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Lina Garrison was arrested and charged with one count of felony driving while intoxicated and one count of driving while her license was suspended. At her first trial Garrison presented the affirmative defense of necessity to the jury. When that trial ended with a hung jury the state moved for an order precluding Garrison from raising the necessity defense at her second trial. The superior...

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