Fielding v. State
Court of Appeals of Alaska
842 P.2d 614 (Alaska App. 1992)
Relevant factsFree
Fielding (defendant) was charged with driving on a suspended license, an offense requiring proof he drove on a "highway." At trial, the judge instructed the jury that it was "clear" the road Fielding drove on was a highway, rather than leaving that factual question to the jury. The jury convicted Fielding, and he appealed on the ground that the instruction improperly took a factual element away from the jury.
IssueFree
Whether a court may instruct a criminal jury that a judicially noticed fact is conclusively established, rather than merely permissible for the jury to accept.