Legal Opinion
Hoople v. State
Court of Appeals of Alaska
Decided July 16, 1999No. A-7165PublishedCited by 7 opinions
1Opinion of the Court
O PINION
MANNHEIMER, Judge.
Under Alaska law, the offense of driving-while intoxicated is normally a misdemean- or. 1 But AS 28.35.030(n) declares that this offense is a class C felony if, within the previous five years, the defendant has been convicted two or more times for either driving while intoxicated or refusing to submit to a breath test. 2
Dorothea Hoople was convicted of felony DWI under this statute. On appeal, she argues that this statute violates the constitutional guarantee of due process 3 because it fails to require proof that the defendant acted with a culpable mental state…
2Cases cited8 opinions
- Illinois v. AllenSupreme Court of the United States · 1970
- Snyder v. MassachusettsSupreme Court of the United States · 1934
- Diaz v. United StatesSupreme Court of the United States · 1912
- Morgan v. Municipality of AnchorageCourt of Appeals of Alaska · 1982
- Van Brunt v. StateCourt of Appeals of Alaska · 1982
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. SimpsonCourt of Appeals of Alaska · 2002
- Valentine v. StateCourt of Appeals of Alaska · 2007
- McCarthy v. StateCourt of Appeals of Alaska · 2012
- Alto v. StateCourt of Appeals of Alaska · 2003
- Knutsen v. StateCourt of Appeals of Alaska · 2004
2 more not listed; retrieve them via the Exa API.