Pines v. Municipality of Anchorage, 013019 AKSC, A-12776

Docket Nº:A-12776
Opinion Judge:WOLLENBERG, JUDGE
Party Name:CLIFTON HOWARD PINES, Appellant, v. MUNICIPALITY OF ANCHORAGE, Appellee.
Attorney:Matthew A. Michalski, Attorney at Law, Anchorage, for the Appellant. Sarah E. Stanley, Assistant Municipal Prosecutor, and William D. Falsey, Municipal Attorney, Anchorage, for the Appellee.
Judge Panel:Before: Mannheimer, Chief Judge, and Allard and Wollenberg, Judges.
Case Date:January 30, 2019
Court:Supreme Court of Alaska
 
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CLIFTON HOWARD PINES, Appellant,

v.

MUNICIPALITY OF ANCHORAGE, Appellee.

No. A-12776

Supreme Court of Alaska

January 30, 2019

UNPUBLISHED See Alaska Appellate Rule 214(d)

Appeal from the District Court, Third Judicial District, Anchorage, Trial Court No. 3AN-16-451 CR Alex M. Swiderski, Judge.

Matthew A. Michalski, Attorney at Law, Anchorage, for the Appellant.

Sarah E. Stanley, Assistant Municipal Prosecutor, and William D. Falsey, Municipal Attorney, Anchorage, for the Appellee.

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

MEMORANDUM OPINION

WOLLENBERG, JUDGE

Clifton Howard Pines was convicted of disorderly conduct and resisting arrest based on an incident at the Brother Francis Shelter in Anchorage.1 In this appeal, Pines challenges the sufficiency of the Municipality's evidence to support these convictions. For the reasons explained in this opinion, we affirm.

Factual background

Because Pines challenges the sufficiency of the evidence to support his convictions, we present the following evidence in the light most favorable to the jury's verdict.[2]

On January 16, 2016 at 11:00 p.m., several Anchorage police officers were dispatched to the Brother Francis Shelter in response to a report that Pines (who had been previously banned from the shelter) had been involved in a disturbance. By the time the officers arrived at the shelter, Pines had departed, but he soon returned. When the officers confronted Pines about the trespass, Pines immediately became belligerent and started yelling insults at the officers.

At the time, some thirty to fifty people were waiting outside the shelter, and these people began to form a crowd around the officers and Pines. Pines began screaming insults at people in the crowd, causing them to get "riled up." Several people stood up and started walking toward Pines. Several others started screaming back at him.

The officers subsequently sought to arrest Pines for disorderly conduct. Pines continued to yell insults, and he refused to cooperate as he was being handcuffed. Pines kicked his legs up against the side of the patrol car to keep from being placed in the car. The officers eventually managed to put Pines in the back of the police...

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