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Turney v. State

Citations: 936 P.2d 533; 1997 Alas. LEXIS 46; 1997 WL 155273Docket: S-6932

Court: Alaska Supreme Court; April 4, 1997; Alaska; State Supreme Court

Narrative Opinion Summary

The case involves Frank W. Turney, who was charged with jury tampering and criminal trespass due to his activities near a courthouse. The legal issue centered on whether the jury tampering statute, AS 11.56.590, was unconstitutionally overbroad or vague, infringing on Turney's freedom of speech rights. Turney was accused of attempting to influence jurors during the trial of State of Alaska v. Merle Hall by encouraging them to call a number promoting jury rights. The lower court denied Turney's motion to dismiss the indictment, interpreting the statute to prohibit juror communication with intent to influence their decisions. The Supreme Court of Alaska upheld this interpretation, finding the statute neither overbroad nor vague, as it specifically pertains to communications intended to influence jurors' official duties. Additionally, Turney faced criminal trespass charges for not complying with directives from the courthouse authorities. The court confirmed that the trespass statutes apply to public properties when authorities lawfully order an individual to leave. Ultimately, the charges against Turney were upheld, with the court affirming the superior court's decision and remanding the case for further proceedings.

Legal Issues Addressed

Constitutionality of Jury Tampering Statute AS 11.56.590

Application: The court held that AS 11.56.590 is not unconstitutionally overbroad as it specifically targets communications intended to influence jurors’ decisions in specific cases.

Reasoning: The court found that AS 11.56.590 is not unconstitutionally overbroad, as it effectively targets communications intended to influence jurors in ways not allowed by established rules.

Criminal Trespass on Public Property

Application: The court upheld that Area Court Administrator Woods had the authority to exclude Turney from courthouse property, affirming the applicability of trespass statutes to public property.

Reasoning: The court agrees that the trespass statutes apply to public property during open hours, emphasizing that the distinction lies in the authority of the person in charge, not the property type.

Vagueness of Legislation Regulating Speech

Application: The statute was deemed not vague, as it provides adequate notice of prohibited conduct and requires specific intent, thus preventing arbitrary enforcement.

Reasoning: The court concluded that the statute does not encourage arbitrary discretion and is not void for vagueness.