Legal Opinion

Stewart v. Elliott

Alaska Supreme Court

Decided October 1, 2010No. S-13286PublishedCited by 15 opinions

1Opinion of the Court

OPINION

FABE, Justice.

I. INTRODUCTION

A driver was arrested on a felony driving under the influence (DUT) charge at 12:40 a.m. on the date a new DUI law took effect. Represented by counsel, he pleaded no contest to the DUI charge in return for its reduction from a felony to a misdemeanor. But years later, the superior court granted the driver post-conviction relief, concluding that his counsel had been ineffective in failing to recognize that although the new DUI law became effective at 12:01 Alaska Standard Time, Alaska was still on Daylight Saving Time at the time of arrest.

The driver brought…

2Cases cited21 opinions

  1. John's Heating Service v. LambAlaska Supreme Court · 2002
  2. Shaw v. State, Department of Administration, Public Defender AgencyAlaska Supreme Court · 1991
  3. Jacob v. State, Department of Health & Social Services, Office of Children's ServicesAlaska Supreme Court · 2008
  4. Parker v. Northern Mixing Co.Alaska Supreme Court · 1988
  5. Linck v. Barokas & Martin, R.R.Alaska Supreme Court · 1983

16 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Williams v. GEICO Casualty Co.Alaska Supreme Court · 2013
  2. Jones v. WestbrookAlaska Supreme Court · 2016
  3. Conitz v. Alaska State Commission for Human RightsAlaska Supreme Court · 2014
  4. Miller v. Handle Construction Co.Alaska Supreme Court · 2011
  5. McGraw v. CoxAlaska Supreme Court · 2012

10 more not listed; retrieve them via the Exa API.

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