GRAHAM v. DURR

Supreme Court No. S-16554.

433 P.3d 1098 (2018)

Stacey Allen GRAHAM, Petitioner, v. Dayna DURR, Individually and in her Capacity as Personal Representative of the Estate of Jordyn L. Durr; Jamey Durr; Markus Durr; Jack Durr; Shanna McPheters, Individually and in her Capacity as Personal Representative of the Estate of Brooke Christina McPheters; Gary McPheters; Puget Sound Pipe & Supply Company; and Aramark Services, Inc., Respondents.

Supreme Court of Alaska.

October 26, 2018.


Attorney(s) appearing for the Case

Renee McFarland , Assistant Public Defender, Quinlan Steiner , Public Defender, and Kimberlee A. Colbo , Hughes White Colbo Wilcox & Tervooren, Anchorage, for Petitioner.

Christine S. Schleuss , Law Office of Christine Schleuss, and Colleen A. Libbey , Libbey Law Offices, Anchorage, for Respondents Dayna Durr, individually and in her capacity as Personal Representative of the Estate of Jordyn L. Durr; Jamey Durr; Markus Durr; Jack Durr; Shanna McPheters, individually and in her capacity as Personal Representative of the Estate of Brooke Christina McPheters; and Gary McPheters.

No appearance by Respondents Puget Sound Pipe & Supply Co. and Aramark Services, Inc.

Susan Orlansky , Reeves Amodio LLC, Anchorage, for Amicus Curiae Alaska Association of Criminal Defense Lawyers.

Nancy R. Simel , Assistant Attorney General, Anchorage, and Jahna Lindemuth , Attorney General, Juneau, for Amicus Curiae State of Alaska.

Before: Stowers, Chief Justice, Winfree, Maassen, Bolger, and Carney, Justices.


OPINION

I. INTRODUCTION

Stacey Graham pleaded guilty to second-degree murder after striking and killing two pedestrians while driving intoxicated. He is now being sued by the victims' families. Graham, who is currently appealing his sentence, argues that he may assert the privilege against self-incrimination...

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