State v. Garrison

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Linga 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 court denied that motion and the court of appeals denied the state's ensuing pretrial petition for review. The state now petitions for hearing. Because Garrison…