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State Courts -
Alaska - March 9, 2007
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Bluel v. State, Supreme Court No. S-11564, No. 6109,
SUPREME COURT OF ALASKA, March 9, 2007, Decided
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Overview: In DWI case, State's use of petitioner's refusal to take independent blood test under implied consent law, Alaska Stat. ? 28.35.033(e), created a danger of unfair prejudice greatly outweighing its probative value for impeaching his claim that he was surprised he failed breath test. Thus, refusal was improperly admitted under Alaska R. Evid. 403.
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