Isadore v. State

[CRIMINAL PROCEDURE]

In Isadore v. State,[1] the court of appeals held that a defendant may not file an appeal of a bail order if the defendant does not remain in custody.[2] Isadore filed an appeal of his bail amount arguing that it was excessive.[3] However, this request was mischaracterized because bail orders are interlocutory orders, rather than final orders, meaning that litigants may only petition an appellate court for review instead of an appeal which requires review.[4] The Alaska legislature created the right to appeal bail decisions in AS 12.30.030(a).[5] However, this statute only created a right to appeal such an interlocutory decision when the defendant remains in custody following the bail decision.[6] In this case, Isadore was no longer in custody and had obtained his freedom by paying bail.[7] The court found that his freedom removes the statutorily created right to appeal bail conditions, so he could only file a petition for review of his bail.[8] The court then denied Isadore’s petition for review of his bail conditions.[9] Denying the request for review of bail conditions for potential excessiveness, the court held that a defendant who is no longer in custody may not exercise the statutory right to appeal bail conditions but may only petition the court for voluntary review.[10] The court of appeals held that defendants who are not in custody cannot appeal bail orders.[11]

[1] 378 P.3d 406 (Alaska Ct. App. 2016).
[2] Id. at 407.
[3] Id.
[4] Id.
[5] ALASKA STAT. § 12.30.030 (2015).
[6] 378 P.3d at 407.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Id.

Isadore v. State

[CRIMINAL PROCEDURE]

In Isadore v. State,[1] the court of appeals held that a defendant may not file an appeal of a bail order if the defendant does not remain in custody.[2] Isadore filed an appeal of his bail amount arguing that it was excessive.[3] However, this request was mischaracterized because bail orders are interlocutory orders, rather than final orders, meaning that litigants may only petition an appellate court for review instead of an appeal which requires review.[4] The Alaska legislature created the right to appeal bail decisions in AS 12.30.030(a).[5] However, this statute only created a right to appeal such an interlocutory decision when the defendant remains in custody following the bail decision.[6] In this case, Isadore was no longer in custody and had obtained his freedom by paying bail.[7] The court found that his freedom removes the statutorily created right to appeal bail conditions, so he could only file a petition for review of his bail.[8] The court then denied Isadore’s petition for review of his bail conditions.[9] Denying the request for review of bail conditions for potential excessiveness, the court held that a defendant who is no longer in custody may not exercise the statutory right to appeal bail conditions but may only petition the court for voluntary review.[10] The court of appeals held that defendants who are not in custody cannot appeal bail orders.[11]

[1] 378 P.3d 406 (Alaska Ct. App. 2016).
[2] Id. at 407.
[3] Id.
[4] Id.
[5] ALASKA STAT. § 12.30.030 (2015).
[6] 378 P.3d at 407.
[7] Id.
[8] Id.
[9] Id.
[10] Id.
[11] Id.