Boggess v. State

In Boggess v. State, 783 P.2d 1173, 1181 (Alaska App. 1989) the sole evidence supporting a conviction was the testimony that the defendant told his wife that instead of answering questions before the grand jury, she should "plead the fifth" or "break down and cry." The Court concluded that this testimony was sufficient to establish that the defendant was guilty of attempting to induce his wife to "unlawfully withhold evidence in an official proceeding." The Court stated that "conflicting affidavits provide no basis for evaluating the relative credibility of their makers. For this reason, issues of credibility cannot normally be decided based on a review of affidavits; when conflicting facts are set forth in competing affidavits, an evidentiary hearing will ordinarily be required." (Id. at 1180.)