Olson v. State

390 P.3d 1188, 2017 WL 655742, 2017 Alas. App. LEXIS 25
CourtCourt of Appeals of Alaska
DecidedFebruary 17, 2017
Docket2539 A-11872
StatusPublished

This text of 390 P.3d 1188 (Olson 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
Olson v. State, 390 P.3d 1188, 2017 WL 655742, 2017 Alas. App. LEXIS 25 (Ala. Ct. App. 2017).

Opinions

OPINION

Judge MANNHEIMER,

writing for the Court.

In November 2013, Stephanie Olson obtained a 20-day domestic violence protective order against her husband, Dennis Olson. Under the terns of this restraining order, Olson was prohibited from being within a quarter-mile of Stephanie’s residence.

At that time, Stephanie was living in the marital home and Olson was living in a trailer on the same property (within a quarter-mile of the house). When the State Troopers served Olson with the restraining order, they informed him that he was required to leave the property—that he would either have to move the frailer or find another place to live.

Olson left the property without taking anything he needed for the cold weather. Several hours later, he returned to the trailer and went to sleep. He was stall there when the troopers returned to the property the next day around noon,

Based on this episode, Olson was charged with violating the protective order, AS 11.56.740(a). At trial, Olson defended by asserting the defense of necessity: he argued that he needed to return to the frailer to avoid hypothermia or other injury arising from his exposure to the elements.

The jury rejected Olson’s necessity defense and convicted him of violating the protective order.

Olson now appeals, arguing that the fairness of his trial was prejudiced by one of the trial judge’s evidentiary rulings. At Olson’s trial, over the defense attorney’s objection, the trial judge decided to let the prosecutor introduce a copy of the restraining order. One section of this order—Section D— showed that the judge who issued the order did so on the basis that there was probable cause to believe that Olson had committed several serious crimes.

We agree with Olson that the trial judge should have redacted the restraining order to delete these unproved allegations of criminal conduct. But for the reasons explained in this opinion, we conclude that this error was harmless under the facts of Olson’s ease.

The trial judge’s decision to let the State introduce evidence that the judge who issued the restraining order found probable cause to believe that Olson had committed other serious crimes

Olson’s attorney anticipated that the prosecutor would offer the restraining order into evidence, so (before the beginning of the State’s case) the defense attorney asked the trial judge to give the jury a redacted version of the restraining order—a version that did not include the “Findings” listed on page 2 of the order.

The Alaska Court System has designed a form order for judges to use when they hear an application for a domestic violence restraining order. Section D of this form order is labeled' “Findings”. Section D offers the judge a series of check-boxes to use when describing the basis for issuing the restraining order.

In Olson’s case, the second half of Section D looked like this:

[1190]*11902. The court finds probable cause to believe that the respondent, committed, or attempted to commit the following crime(s) involving domestic violence against the petitioner:

0 assault or reckless endangerment
0 stalking
□ violating a protective order
0 sexual offense
□ kidnapping or custodial interference
□ robbery, extortion, or coercion
□ other AS 11.41 crime_
□ harassment (telephonic or electronic)
□ terroristic threatening
0 criminal mischief
□ arson or criminally negligent burring
0 criminal trespass
□ burglary

In other words, the judge who issued the restraining order found probable cause to believe that Olson had committed, or had attempted to commit, assault or reckless endangerment, stalking, and some unspecified “sexual offense”, as well as criminal mischief and criminal trespass.

The judge’s findings were based on Stephanie’s ex parte presentation to the court (so Olson had no chance to respond to these allegations at the time), and Olson was never charged with any of these purported crimes. These allegations were relevant to Olson’s case solely because the judge’s findings of probable cause provided the basis for the judge’s authority to issue the restraining order.

Olson’s attorney told the trial judge that he did not intend to challenge the validity of the restraining order—that, in fact, he was willing to stipulate that the order was valid. Thus, the defense attorney argued, the jury should not be informed of the allegations of criminal conduct listed in Section D—because these allegations had no relevance to any material issue at Olson’s trial, and because they presented a substantial xnsk of unfair prejudice.

The prosecutor agreed that the allegations listed in Section D had no particular relevance to whether Olson had violated the restraining order, and the prosecutor told the trial judge that she did not plan to comment on those allegations. But the prosecutor argued that the jury needed to see the entire text of the restraining order (including the allegations contained in Section D) because, if the jurors received an abridged version of the order, they might think that the State was trying to hide something.

The prosecutor told the court, “It needs to be clear [to the jurors] that these [orders] aren’t just issued for no reason—that there does have to be a [judicial] finding.” The prosecutor also declared that she “[did not] see how [the allegations were] more prejudicial than probative”, so long as the court gave a limiting instruction to the jurors.

After considering the parties’ arguments, the trial judge decided to adopt the prosecutor’s approach:

The Court: I’m going to allow the [restraining order] in as it is. I’m going to give ... what I hope is a very strong curative instruction, including describing the process [of] how these [orders] come about, [and] that there are no assumptions to be made [about the allegations included in the order]. And also that there has been no criminal charge brought against Mr. Olson based on any of the [allegations] that are listed as findings [in] this [order].

The trial judge committed error by allowing the State to introduce the allegations of criminal conduct contained in Section D of the restraining order

As we explained in the preceding section of this opinion, the unproved allegations of criminal conduct contained in Section D of the restraining order were relevant to Olson’s case solely because the judge’s findings of probable cause provided the basis for the [1191]*1191judge’s authority to issue the restraining order.

But the validity of the restraining order was not disputed. Indeed, Olson’s attorney told the trial judge that he would stipulate that the order was valid. Given the defense attorney’s offer to stipulate that the restraining order was valid, it is unclear why the State was allowed to introduce any portion of the restraining order.

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

Related

Love v. State
457 P.2d 622 (Alaska Supreme Court, 1969)
F.T. v. State
862 P.2d 857 (Alaska Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
390 P.3d 1188, 2017 WL 655742, 2017 Alas. App. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olson-v-state-alaskactapp-2017.