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768 P.2d 634

Cunningham v. State

Court of Appeals of Alaska

Decided February 10, 1989

Court of Appeals of Alaska · decided 1989-02-10

Cited by 3 later decisions — most recently March 2000

3 state decisions

Relies on Pena v. State · Russell v. Municipality of Anchorage · State v. Pipkin

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-10

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BRYNER, Chief Judge,

¶1concurring.

¶2While I adhere to the views expressed in my dissent in Russell v. Anchorage, 706 P.2d 687 (Alaska App.1985), I agree that Russellis dispositive here. Accordingly, under the doctrine of stare decisis, I join in the result reached by the court in this case. In so doing, however, I would add that in this case the use of a search warrant to obtain Cunningham’s blood sample underscores the extent to which this court’s ruling in Russellconflicts with the basic policies embodied in Alaska’s implied consent statutes, as discussed in Pena v. State, 684 P.2d 864 (Alaska 1984). See also State v. Pipkin, 294 S.C. 336, 364 S.E.2d 464 (1988) (applying an analysis similar to that relied on in Pena to reverse a conviction under circumstances virtually indistinguishable from those in Cunningham’s case).

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