Stewart v. Elliott
Alaska Supreme Court
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…
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