Legal Opinion

Clark v. Municipality of Anchorage

Court of Appeals of Alaska

Decided May 5, 2000No. A-7416PublishedCited by 3 opinions

1Opinion of the Court

O P I N I 0 N

MANNHEIMER, Judge.

Amy Catherine Clark pleaded no contest to the charge of driving while intoxicated. Her plea purports to be a Cooksey plea-that is, a plea that preserves her right to litigate a specified issue on appeal. 2 But under Cook-sey and the subsequent cases construing the Cooksey rule, the issue preserved for appeal must be "dispositive of the entire case". 3 If it is not, the plea is not valid and the defendant has no right to appeal. 4

In Clark's case, the preserved issue is not dispositive of the charge against her. We therefore dismiss this appeal and we remand…

2Cases cited5 opinions

  1. Cooksey v. StateAlaska Supreme Court · 1974
  2. Oveson v. Municipality of AnchorageAlaska Supreme Court · 1978
  3. Rozkydal v. StateCourt of Appeals of Alaska · 1997
  4. Heuga v. StateAlaska Supreme Court · 1980
  5. Wells v. StateCourt of Appeals of Alaska · 1997

3Cited by3 opinions

  1. DEWEESE v. StateCourt of Appeals of Alaska · 2009
  2. Dow v. StateCourt of Appeals of Alaska · 2007
  3. DEWEESE v. StateCourt of Appeals of Alaska · 2009

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API