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eBook details

• Title: Russell P. Sundberg v. State Alaska
• Author : Court Of Appeals Of Alaska
• Release Date : January 23, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Russell P. Sundberg was convicted of burglary not in a dwelling, former AS 11.20.100, and given a five-year sentence. Sundberg was caught in the act of burglarizing a business establishment. During his capture, he was shot by one of the arresting officers. He successfully argued to the trial court that the officers used excessive force in accomplishing the arrest and, as a result, the trial court held that Sundberg had been illegally arrested and suppressed all evidence obtained as fruit of the illegal arrest. The state petitioned the supreme court for review of this order. The supreme court granted the petition and reversed, holding that the evidence was improperly suppressed. State v. Sundberg, 611 P.2d 44 (Alaska 1980). In holding the suppression order improper, the supreme court indicated that it had not been persuaded that the police were customarily using excessive force in making arrests. On remand, Sundberg sought to show that the police in fact were frequently using excessive force in making arrests. The trial court refused to consider this offer of proof, and Sundberg petitioned this court for review of that order. We denied review. Sundberg was then tried and convicted of the burglary. He appeals alleging that his conviction was barred by Criminal Rule 45(g) which provides:

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