Hazelwood v. State

OPINION ON REMAND

BRYNER, Chief Judge.

Joseph J. Hazelwood was convicted by a jury of negligent discharge of oil. This court reversed his conviction on appeal; we held that Hazelwood was immune from prosecution and directed that the charge be dismissed. Hazelwood v. State, 836 P.2d 943 (Alaska App.1992). The Alaska Supreme Court subsequently reversed our decision and remanded the case to us. State v. Hazelwood, 866 P.2d 827 (Alaska 1993). On remand, we hold that Hazelwood’s prosecution was permissible under the inevitable discovery doctrine, but we conclude that the trial court erred in ruling…