Bloomquist v. State

832 P.2d 177, 1992 Alas. App. LEXIS 34, 1992 WL 105484
CourtCourt of Appeals of Alaska
DecidedMay 15, 1992
DocketNo. A-3396
StatusPublished
Cited by3 cases

This text of 832 P.2d 177 (Bloomquist v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Alaska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bloomquist v. State, 832 P.2d 177, 1992 Alas. App. LEXIS 34, 1992 WL 105484 (Ala. Ct. App. 1992).

Opinion

OPINION

COATS, Judge.

Roy M. Bloomquist was convicted, following a jury trial, of assault in the third degree, a class C felony, and criminal trespass in the second degree, a class B misdemeanor. AS 11.41.220(a)(1); AS 11.46-330(a)(1). Acting Superior Court Judge David C. Stewart sentenced Bloomquist to an aggregate prison term of forty-two months with thirty-six months suspended. Judge Stewart also ordered that Bloom-quist be placed on probation for a period of five years following his release from confinement. Bloomquist appeals, raising several issues. We remand to the trial court for further proceedings, retaining jurisdiction of the case.

On the evening of July 13, 1989, Bloom-quist, his wife Debra Bloomquist, and their friend Lorna Betts met at Alyeska Resort in Girdwood, Alaska, where Betts and Debra Bloomquist worked. Betts told the Bloomquists that she had seen a winch in the yard of Lucille and Gary Hotchkiss. Roy Bloomquist suspected Gary Hotchkiss of having stolen Bloomquist’s winch a year earlier, and Betts' description of the winch she had seen seemed to confirm Bloom-quist’s suspicions. Bloomquist became “sort of excited” and wanted to retrieve the winch that night. Bloomquist visited the residence of Trooper Michael Opalka to enlist his aid, but he found no one at home. The Bloomquists and Betts then drove in separate vehicles to the Hotchkiss residence.

Although they arrived at around midnight, there was still light outside. Where Betts had earlier seen a winch, they now found only an indentation in the grass. Bloomquist knocked on the door of the Hotchkiss residence. Sixteen-year-old Adrian Hotchkiss answered the door and told Bloomquist his father was asleep. Bloom-quist insisted on speaking with Gary Hotchkiss and remained at the door until the adult Hotchkisses awakened. Bloom-quist demanded his winch, and the Hotch-kisses denied having it. The Hotchkisses told Betts that the winch she had seen had belonged to Gary Hotchkiss’ brother.

Gary Hotchkiss left the house and backed Bloomquist away from the house and toward Bloomquist’s van, motioning with his hands and shouting at Bloomquist to leave Hotchkiss’ property. Lucille and Gary Hotchkiss testified that Gary Hotch-kiss was not touching or pushing Bloom-quist, but Lorna Betts testified that Hotch-kiss was pushing and striking Bloomquist with his fists, and Debra Bloomquist testified that Hotchkiss was pushing and swinging at Bloomquist without the punches connecting. When Bloomquist reached his van, he pulled out a wooden club and [179]*179struck Hotchkiss over the head. The witnesses differed over whether Hotchkiss fell to the ground, but all agreed Hotchkiss was bleeding as a result.

Bloomquist then retrieved a rifle from his van. Lucille and Gary Hotchkiss testified that Bloomquist pointed the rifle at Gary Hotchkiss and that Debra Bloomquist interposed herself between the gun and Hotchkiss, saying “Don’t shoot him”; Betts and Debra Bloomquist testified that Hotchkiss called for Adrian Hotchkiss to get his gun, that Bloomquist did not point his rifle at anyone, and that Debra Bloom-quist never urged him not to shoot.

The Hotchkisses returned to their house, and the Bloomquists remained outside to search for Roy Bloomquist’s glasses, which had come off during the struggle. Bloom-quist then drove away in his van. Betts and Debra Bloomquist talked with the ^Hotchkisses about the winch for fifteen minutes before leaving.

A grand jury indicted Bloomquist for two counts of assault in the third degree and one count of criminal trespass in the second degree. The first assault count was for causing physical injury to Hotchkiss by striking him with the club, and the second count was for placing Hotchkiss in fear of serious physical injury by pointing the rifle in his direction. AS 11.41.220(a)(2); AS 11.41.220(a)(1).

The jury acquitted Bloomquist of the first assault count, apparently accepting Bloomquist’s argument that he struck Hotchkiss with the club in self-defense. The jury convicted Bloomquist of the second assault count and the criminal trespass count.

Bloomquist first contends that Judge Stewart erred in denying Bloomquist’s request to reopen the evidence so that he could testify on his own behalf.

After Debra Bloomquist had finished testifying, Bloomquist sought and received a brief recess to determine whether there would be additional defense witnesses. After the break, Bloomquist’s counsel informed the court that he and Bloomquist had discussed Bloomquist’s testimony and had mutually decided that Bloomquist would not take the stand. Judge Stewart stated, “That’s fine. It is your decision, Mr. Bloomquist, whether you want to [testify]. And obviously your attorney is available for giving you advice on whether to testify, and it is your choice, not [defense counsel's] choice whether you should testify.” Bloomquist answered, “That’s correct.” Bloomquist then rested his case. The state presented two rebuttal witnesses, who testified regarding the credibility of Betts and Lucille Hotchkiss, and rested. Judge Stewart then informed the jury that it had heard all the evidence, that, after another break, it would hear closing arguments and jury instructions, and that the court would then submit the case to the jury for its decision.

The parties and the court then discussed jury instructions. During this same break, defense counsel notified the court that, against counsel’s advice, Bloomquist was moving to reopen the evidence so that he could testify on his own behalf. Judge Stewart denied the motion, finding that Bloomquist had voluntarily waived his right to testify. After the break, before closing arguments that same day, Bloom-quist moved the court to reconsider its decision not to allow him to reopen his case and testify. Judge Stewart denied the motion. In denying Bloomquist’s request, Judge Stewart found that Bloomquist had personally waived his right to testify after having a full opportunity to consult with his attorney.

“The constitutional right to testify [at trial] is both personal to the criminal defendant and fundamental to the dignity and fairness of the judicial process.” LaVigne v. State, 812 P.2d 217, 219 (Alaska 1991) (citations omitted). Bloomquist does not contend his waiver of the right to testify was invalid or involuntary. Instead, Blo-omquist argues that Judge Stewart abused his discretion in refusing to allow Bloom-quist to reopen his case after he changed his mind about whether to testify.

The major case which Bloomquist relies on is United States v. Walker, 772 F.2d 1172 (5th Cir.1985). In Walker, the defendant informed the court he was under too [180]*180much emotional pressure to testify “right now” or “today.” Defendant then rested his case that day, a Friday, and the state called two “apparently insignificant” rebuttal witnesses and closed. The following Monday, before closing arguments, defendant moved to reopen his case so he could testify, and the trial court denied the motion. Id. at 1175-76, 1181.

The appellate court noted that the reopening of a criminal case was within the sound discretion of the trial court. However, the court set out the following factors for the trial court to consider:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Marcus Wright v. State
Court of Appeals of South Carolina, 2025
People v. Figueroa
Appellate Court of Illinois, 1999

Cite This Page — Counsel Stack

Bluebook (online)
832 P.2d 177, 1992 Alas. App. LEXIS 34, 1992 WL 105484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bloomquist-v-state-alaskactapp-1992.