STEWART v. ELLIOTT

No. S-13286.

239 P.3d 1236 (2010)

James R. STEWART, Appellant, v. Steve ELLIOTT, Appellee.

Supreme Court of Alaska.

October 1, 2010.


Attorney(s) appearing for the Case

James R. Stewart , pro se, Fairbanks, Appellant.

Steve L. Elliott , pro se, Fairbanks, Appellee.

Before: CARPENETI, Chief Justice, FABE, WINFREE, CHRISTEN, and STOWERS, Justices.


OPINION

FABE, Justice.

I. INTRODUCTION

A driver was arrested on a felony driving under the influence (DUI) charge at 12:40 a.m. on the date a new DUI law took effect. Represented by counsel, he pleaded no contest to the DUI charge in return for its reduction from a felony to a misdemeanor. But years later, the superior court granted the driver post-conviction relief, concluding that his counsel had been ineffective in failing to recognize...

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