Muller v. State

OPINION

COATS, Chief Judge.

Don G. Muller was convicted of criminal trespass after he entered United States Senator Ted Stevens's office to protest the war in Iraq and then refused to leave when it was time for the office to close for the day. Muller argues that his conviction should be reversed because the district court wrongly instructed the jury on the necessity defense. We conclude that Muller was not entitled to a necessity defense and therefore affirm his conviction.

Facts and proceedings

On February 20, 2007, at about 1:10 p.m., Muller and eight or nine other protestors arrived at Senator…