Legal Opinion

McCarthy v. State

Court of Appeals of Alaska

Decided September 7, 2012No. A-10775PublishedCited by 4 opinions

1Opinion of the Court

*287OPINION

COATS, Chief Judge.

Rodney A. McCarthy appeals his convietion for driving under the influence.1

McCarthy argues that the trial court should have suppressed his Datamaster breath test result, and all statements he made during the DUI processing, because the officer who administered the breath test did not make an audio recording of the DUI processing. We uphold the trial court's ruling because MeCarthy waived this issue through inadequate briefing, because the trial court found that MeCarthy was not subjected to interrogation during the DUI processing, and because the trial court found…

2Cases cited26 opinions

  1. Sandstrom v. MontanaSupreme Court of the United States · 1979
  2. Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
  3. Stephan v. StateAlaska Supreme Court · 1985
  4. State v. CoonAlaska Supreme Court · 1999
  5. Thorne v. Department of Public SafetyAlaska Supreme Court · 1989

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3Cited by4 opinions

  1. Brenda Miller, as Personal Representative of the Estate of Connie Rae ScribnerWyoming Supreme Court · 2014
  2. Commonwealth v. DyarmanSupreme Court of Pennsylvania · 2013
  3. Jordan v. StateAlaska Supreme Court · 2018
  4. Fyfe v. StateCourt of Appeals of Alaska · 2014

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