from the Superior Court No. 3DI-14-097 CI, Third Judicial
District, Dillingham, Patricia L. Douglass, Judge.
Olson, in propria persona, Wasilla, for the Appellant.
Michael Sean McLaughlin, Assistant Attorney General, Office
of Criminal Appeals, Anchorage, and Craig W. Richards,
Attorney General, Juneau, for the Appellee.
Before: Mannheimer, Chief Judge, Allard, Judge, and Suddock,
Superior Court Judge.[*]
appeal requires us to decide whether a criminal judgement is
"void" (as that term is used in habeas corpus
jurisprudence) if, at the defendant's trial, the
government relied on evidence obtained in violation of the
Fourth Amendment. For the reasons explained here, we conclude
that such judgements are not void.
facts of the case, and Olson's direct appeal
2010, Glenn Olson was convicted of second-degree sexual
assault and fourth-degree assault (upon different victims).
Olson appealed these convictions to this Court, and we
affirmed his convictions in Olsen v. State,
unpublished, 2013 WL 596524 (Alaska App. 2013).
prior decision uses the spelling "Olsen" because
Olson himself used that spelling of his name when he
litigated the earlier appeal. Olson represented himself in
that appeal and, in all of his pleadings, he styled himself
"Glenn:Olsen". See Court of Appeals File No.
A-10782. Olson again represents himself in the current
appeal, but he now spells his name "Glenn Olson".)
described in our 2013 decision in Olsen, Olson was
present at a Dillingham residence along with two other men
and a woman. Olson told the two men to leave the house, and
then he grabbed the woman by the hair and pulled her toward
the bedroom. When the two men tried to intercede on the
woman's behalf, Olson fought them off. The two men then
went to a neighbor's house and summoned the police.
the police officers arrived, they found the two men outside,
and they heard yelling from inside the residence. The men
told the officers that Olson had threatened them with a
knife. Based on this information, the officers entered the
house. In a bedroom, the officers found the woman face-down
on a mattress, with her pants and underwear pulled down, and
with Olson on top of her. The woman was so drunk that, even
when the officers intervened to stop the assault, she could
not coherently converse with the officers.
on these events, the State charged Olson with sexual assault
in the second degree (for sexually assaulting the woman while
she was incapacitated), and with assault in the fourth degree
(for assaulting one of the men).
to trial, Olson filed a motion to suppress all of the
evidence that the police observed or discovered inside the
house. Olson claimed that the police illegally entered the
residence because (1) they entered without permission and (2)
there were no exigent circumstances to justify the entry.
Following an evidentiary hearing, the superior court
concluded that the officers' entry was justified by
exigent circumstances, in that the officers had reasonable
grounds to believe that an assault was occurring inside the
State v. Gibson, 267 P.3d 645, 659 (Alaska 2012),
where our supreme court explained the "emergency
aid" doctrine - the doctrine that authorizes police
officers to enter a residence without a warrant when they
"have reasonable grounds to believe there is an
emergency at hand and an ...