reasonable opportunity test (Alaska) · Go Syfert
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reasonable opportunity test in Alaska

6 Alaska opinions name it 2 courts 1986–2012 0 in the last five years

The cases below were cited by Alaska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Champion v. Department of Public Safetygreen
alaska · 1986 · cited in 3 Alaska opinions naming this issue, 1986–1989
2 sentences

1989Safety, 721 P.2d 131, 133 (Alaska 1986) (to deny a driver a reasonable opportunity to test the reliability and credibility of evidence of central importance in the administrative license revocation proceeding is to deny “a meaningful and fundamentally fair hearing”); Graham v. State, 633 P.2d 211 , 216 n. 12 (Alaska 1981) (meaningful hearing requires presence of arresting officer where grounds for officer’s belief that person was operating vehicle while intoxicated is at issue). 15 .

1987Id. at 133 (citations and footnote omitted).

33
Gundersen v. Municipality of Anchoragegreen
alaska · 1990 · cited in 2 Alaska opinions naming this issue, 1994–2012
2 sentences

2012Id. at 675-77 .

1994See Gundersen v. Anchorage, 792 P.2d 673, 676 (Alaska 1990) (“Since a defendant must provide the state with potentially incriminating evidence at the risk of criminal penalties, we hold that due process requires that the defendant be given an opportunity to challenge the reliability of that evidence in the simplest and most effective way possible, that is, an independent test.”).

12
Lau v. Stategreen
alaskactapp · 1995 · cited in 1 Alaska opinions naming this issue, 1995–1995
1 sentence

1995Lau v. State, 896 P.2d 825, 828 (Alaska App.1995).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Graham v. State green
alaska · 1981
1 sentence

1989Safety, 721 P.2d 131, 133 (Alaska 1986) (to deny a driver a reasonable opportunity to test the reliability and credibility of evidence of central importance in the administrative license revocation proceeding is to deny “a meaningful and fundamentally fair hearing”); Graham v. State, 633 P.2d 211 , 216 n. 12 (Alaska 1981) (meaningful hearing requires presence of arresting officer where grounds for officer’s belief that person was operating vehicle while intoxicated is at issue). 15 .

11989–1989

Statutes the citing opinions construe

AK § Alaska Stat. § 28.35.030 (4) AK § Alaska Stat. § 28.35.033 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MS 45 (1989–2026) MI 36 (1985–2026) NY 14 (1967–2024) PA 11 (1974–2025) CA 9 (1973–2026) AR 9 (1980–2021) AK 6 (1986–2012) TX 5 (1990–2021) FL 4 (2004–2014) DC 4 (1976–1998) KY 3 (2002–2015) KS 3 (1986–2025) MD 2 (1991–2013) VT 2 (2020–2025) LA 2 (1985–2014) WI 2 (1994–2010) MA 2 (1985–2014) NJ 2 (1961–1978) IL 2 (1990–2005) OR 2 (1900–1955)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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