Legal Opinion
Howell v. State
Court of Appeals of Alaska
Decided July 1, 2005No. A-8556, A-8575PublishedCited by 2 opinions
1Opinion of the Court
OPINION
STEWART, Judge.
Following a jury trial, Marshall R. Howell was convicted of misdemeanor driving while under the influence. 1 The grand jury had indicted Howell for felony driving while under the influence, 2 but the superior court entered a judgment of acquittal on the felony charge.
Howell appeals, claiming that the superior court should have suppressed the evidence on the ground that the police conducted an unlawful stop, that the superior court gave an erroneous “operating a motor vehicle” jury instruction, that the superior court imposed an excessive sentence, and that the probation…
2Cases cited28 opinions
- Burks v. United StatesSupreme Court of the United States · 1978
- United States v. Martin Linen Supply Co.Supreme Court of the United States · 1977
- Monge v. CaliforniaSupreme Court of the United States · 1998
- Smith v. MassachusettsSupreme Court of the United States · 2005
- Whitton v. StateAlaska Supreme Court · 1970
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3Cited by2 opinions
- Bush v. StateCourt of Appeals of Alaska · 2007
- Weil v. StateCourt of Appeals of Alaska · 2011