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Glasgow v. State

Court of Appeals of Alaska

August 21, 2015

MICHAEL H. GLASGOW, Appellant,
v.
STATE OF ALASKA, Appellee

Appeal from the Superior Court, Third Judicial District, Homer, Charles T. Huguelet, Judge. Trial Court No. 3HO-11-480 CR.

Megan R. Webb, Assistant Public Defender, and Quinlan Steiner, Public Defender, Anchorage, for the Appellant.

Nancy R. Simel, Assistant Attorney General, Office of Special Prosecutions and Appeals, Anchorage, and Michael C. Geraghty, Attorney General, Juneau, for the Appellee.

Before: Mannheimer, Chief Judge, and Allard and Kossler, Judges.

OPINION

Page 598

KOSSLER, Judge

A jury convicted Michael H. Glasgow of third-degree assault after he pointed a knife at Timothy Whitehead following a confrontation about Whitehead's unleashed dogs.

At trial, Glasgow requested jury instructions on the City of Homer's animal control laws and the Alaska statutes that authorize the killing, in certain circumstances, of an " at large" dog. We conclude that the trial court properly denied Glasgow's request for these instructions.

The trial court also imposed a special condition of probation that prohibited Glasgow from applying for or possessing a medical marijuana card. We conclude that the condition is overbroad, and we accordingly vacate the condition.

Background facts

In August 2011, Timothy Whitehead and his son were walking on a bike path in Homer with the family's dogs. Two of the dogs were not leashed. Glasgow was on his bike, riding toward Whitehead. One of the dogs approached Glasgow, and Glasgow pulled out a knife and began jabbing it at the dog. Glasgow then continued riding down the path and yelled at Whitehead to put his dogs on a leash. Whitehead apologized and said he would leash the dogs.

After Glasgow rode past Whitehead and his son, Whitehead yelled to his son something along the lines of: " Just shut up, don't worry. Some people do this." Glasgow yelled back, " You want some of this? You want to go?," to which Whitehead responded, " Shut up. I'm talking to my kid." Glasgow then stopped, got off his bike, and walked back to Whitehead, continuing to yell at him to put his dogs on a leash. Whitehead and his son both testified at the later trial that Glasgow had a knife still in his hand, and they both testified that they thought Glasgow was going to stab Whitehead. Instead, Glasgow walked back to his bike and rode away.

Glasgow was indicted for third-degree assault. At his trial, Glasgow's defense was that he did not have the knife in his hand when he walked back to Whitehead. The jury rejected this ...


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