Year In Review

Wassillie v. State

Posted on November 11th, 2016

[CRIMINAL PROCEDURE] In Wassillie v. State,[1] the court of appeals held that a halfway house’s incident report detailing an inmate’s escape was admissible as evidence under the business records exception to the hearsay rule.[2] Wassillie was serving a sentence at a halfway house when he left the premises without authorization.[3] When the police located him, Continue Reading »

O’Dell v. State

Posted on November 11th, 2016

[CRIMINAL PROCEDURE] In O’Dell v. State,[1] the court of appeals held that ALASKA R. CRIM. P. 53 could be used to relax a any deadline specified in another rule of criminal procedure as long as the opposing party is unable to show sufficient prejudice from the untimely act.[2] ALASKA R. CRIM. P. 53 grants broad Continue Reading »

State v. Spencer

Posted on November 11th, 2016

[CRIMINAL PROCEDURE] In State v. Spencer,[1] the court of appeals held that whether or not a trooper was polite when asking a motorist to perform field sobriety tests does not affect the validity of the tests.[2] Spencer was pulled over while driving his four-wheeler in Nenana after the trooper saw signs that Spencer was intoxicated.[3] Continue Reading »

Taha v. State

Posted on November 11th, 2016

[CRIMINAL LAW] In Taha v. State,[1] the court of appeals held that vehicle impoundment under section 09.28.026 of the Anchorage Municipal Code is not a proper exercise of the municipal police force’s “community caretaker” function, but must be justified by some other means.[2] Section 09.28.026 authorizes police officers to impound the motor vehicle of a Continue Reading »

Crane v. State

Posted on November 11th, 2016

[CRIMINAL LAW] In Crane v. State,[1] the court of appeals held that testimony containing evidence of a confession that was not properly disclosed to the defense constitutes a reversible error.[2] Officer Hershberger arrested Fred Russell Crane for driving under the influence and first-degree child endangerment.[3] Officer Hershberger claimed Crane apologized for driving while impaired, though Continue Reading »

Alaska Trustee, LLC v. Ambridge

Posted on November 10th, 2016

[PROPERTY LAW] In Alaska Trustee, LLC v. Ambridge,[1] the supreme court held that businesses pursuing nonjudicial foreclosures are “debt collectors” under federal law and therefore subject to the requirements laid out by the Fair Debt Collection Practices Act.”[2] The Ambridges bought their first home in 2006 and took out a home loan secured by a Continue Reading »

Bernard v. Alaska Airlines, Inc.

Posted on November 10th, 2016

[EMPLOYMENT LAW] In Bernard v. Alaska Airlines, Inc.,[1] the supreme court held that an employee may file suit against their employer to enforce rights that do not depend on the terms of a collective bargaining agreement, and that an employee need not exhaust all contractual remedies before bringing suit unless they have clearly and unmistakably Continue Reading »

Alexiadis v. State

Posted on November 10th, 2016

[CRIMINAL PROCEDURE] In Alexiadis v. State, the court of appeals held that an interlocutory petition for review is part of the process of litigating and that defendants cannot be charged attorney’s fees as if a separate appeals proceeding had begun.[1] The defendant and the state reached a plea agreement which was rejected by the superior Continue Reading »

State v. Andreanoff

Posted on November 10th, 2016

[CIVIL PROCEDURE] In State v. Andreanoff,[1] the court of appeals held a court’s sua sponte dismissal of charges is similar to a dismissal by motion of the defendant, and, under Alaska Criminal Rule 45, the time for trial begins anew when a defendant is served with refiled charges.[2] Rule 45 requires that a defendant is Continue Reading »

Alpine Energy, LLC v. Matanuska Electric Ass’n

Posted on November 10th, 2016

[BUSINESS LAW] In Alpine Energy, LLC v. Matanuska Electric Ass’n, the supreme court held that an electric cogeneration facility’s self-certification of qualifying facility status does not constitute a federal determination of said qualifying status, and therefore it is reasonable to require subsequent formal certification.[1] Federal law requires utilities to provide energy at a lower price Continue Reading »

Page 1 of 4312345...102030...Last »

Year In Review

Wassillie v. State

Posted on November 11th, 2016

[CRIMINAL PROCEDURE] In Wassillie v. State,[1] the court of appeals held that a halfway house’s incident report detailing an inmate’s escape was admissible as evidence under the business records exception to the hearsay rule.[2] Wassillie was serving a sentence at a halfway house when he left the premises without authorization.[3] When the police located him, Continue Reading »

O’Dell v. State

Posted on November 11th, 2016

[CRIMINAL PROCEDURE] In O’Dell v. State,[1] the court of appeals held that ALASKA R. CRIM. P. 53 could be used to relax a any deadline specified in another rule of criminal procedure as long as the opposing party is unable to show sufficient prejudice from the untimely act.[2] ALASKA R. CRIM. P. 53 grants broad Continue Reading »

State v. Spencer

Posted on November 11th, 2016

[CRIMINAL PROCEDURE] In State v. Spencer,[1] the court of appeals held that whether or not a trooper was polite when asking a motorist to perform field sobriety tests does not affect the validity of the tests.[2] Spencer was pulled over while driving his four-wheeler in Nenana after the trooper saw signs that Spencer was intoxicated.[3] Continue Reading »

Taha v. State

Posted on November 11th, 2016

[CRIMINAL LAW] In Taha v. State,[1] the court of appeals held that vehicle impoundment under section 09.28.026 of the Anchorage Municipal Code is not a proper exercise of the municipal police force’s “community caretaker” function, but must be justified by some other means.[2] Section 09.28.026 authorizes police officers to impound the motor vehicle of a Continue Reading »

Crane v. State

Posted on November 11th, 2016

[CRIMINAL LAW] In Crane v. State,[1] the court of appeals held that testimony containing evidence of a confession that was not properly disclosed to the defense constitutes a reversible error.[2] Officer Hershberger arrested Fred Russell Crane for driving under the influence and first-degree child endangerment.[3] Officer Hershberger claimed Crane apologized for driving while impaired, though Continue Reading »

Alaska Trustee, LLC v. Ambridge

Posted on November 10th, 2016

[PROPERTY LAW] In Alaska Trustee, LLC v. Ambridge,[1] the supreme court held that businesses pursuing nonjudicial foreclosures are “debt collectors” under federal law and therefore subject to the requirements laid out by the Fair Debt Collection Practices Act.”[2] The Ambridges bought their first home in 2006 and took out a home loan secured by a Continue Reading »

Bernard v. Alaska Airlines, Inc.

Posted on November 10th, 2016

[EMPLOYMENT LAW] In Bernard v. Alaska Airlines, Inc.,[1] the supreme court held that an employee may file suit against their employer to enforce rights that do not depend on the terms of a collective bargaining agreement, and that an employee need not exhaust all contractual remedies before bringing suit unless they have clearly and unmistakably Continue Reading »

Alexiadis v. State

Posted on November 10th, 2016

[CRIMINAL PROCEDURE] In Alexiadis v. State, the court of appeals held that an interlocutory petition for review is part of the process of litigating and that defendants cannot be charged attorney’s fees as if a separate appeals proceeding had begun.[1] The defendant and the state reached a plea agreement which was rejected by the superior Continue Reading »

State v. Andreanoff

Posted on November 10th, 2016

[CIVIL PROCEDURE] In State v. Andreanoff,[1] the court of appeals held a court’s sua sponte dismissal of charges is similar to a dismissal by motion of the defendant, and, under Alaska Criminal Rule 45, the time for trial begins anew when a defendant is served with refiled charges.[2] Rule 45 requires that a defendant is Continue Reading »

Alpine Energy, LLC v. Matanuska Electric Ass’n

Posted on November 10th, 2016

[BUSINESS LAW] In Alpine Energy, LLC v. Matanuska Electric Ass’n, the supreme court held that an electric cogeneration facility’s self-certification of qualifying facility status does not constitute a federal determination of said qualifying status, and therefore it is reasonable to require subsequent formal certification.[1] Federal law requires utilities to provide energy at a lower price Continue Reading »

Page 1 of 4312345...102030...Last »