Year In Review

State v. Alexander

Posted on April 4th, 2016

[CRIMINAL LAW]   In State v. Alexander,[1] the court of appeals ruled that introduction of evidence from a “control question” polygraph examination may, under certain conditions, be admissible.[2] Alexander was charged by the state of Alaska with multiple instances of sexual abuse of a minor.[3] Before the trial began, Alexander’s attorney arranged for him to Continue Reading »

Beasley v. State

Posted on April 4th, 2016

[CRIMINAL LAW]   In Beasley v. State,[1] the court of appeals held that it was within a trial court’s broad discretion to impose a longer sentence than that recommended in a presentence report.[2] Beasley pleaded guilty to a charge of possession of child pornography.[3] Weighing several mitigating factors, Beasley’s presentence report recommended the statutory minimum Continue Reading »

Hunter v. Phillip Morris USA, Inc.

Posted on April 4th, 2016

[TORT LAW]   In Hunter v. Phillip Morris USA, Inc., [1] the supreme court held the lower court failed to properly apply the “weight of the evidence” standard when it ruled on a motion for a new trial and remanded for renewed consideration of the motion.[2] After Benjamin Francis died of lung cancer, Dolores Hunter filed Continue Reading »

Lieutenant Governor of State v. Alaska Fisheries Conservation Alliance, Inc.

Posted on April 4th, 2016

[ELECTION LAW]   In Lieutenant Governor of State v. Alaska Fisheries Conservation Alliance, Inc.,[1] the supreme court held that a ballot initiative is prohibited where it appropriates a public asset, by producing a give-away program or restricting the ability of the legislature to allocate such assets.[2] Alaska Fisheries Conservation Alliance, Inc., a nonprofit, proposed a Continue Reading »

George v. State

Posted on April 4th, 2016

[CRIMINAL LAW]   In George v. State,[1] the supreme court held that evidence before the jury must describe with sufficient specificity the kinds of act or acts committed, the number of acts committed, and the general time period wherein these acts occurred.[2] Kelsey George was convicted of 10 counts of sexual abuse.[3] At issue is Continue Reading »

Olson v. State

Posted on April 4th, 2016

[CRIMINAL LAW]   In Olson v. State,[1] the court of appeals ruled that a prosecutor did not commit misconduct when he referred to the jurors by their names during his closing argument.[2] In October 2012, an Alaskan state trooper intercepted Olson at an airport based off of a tip that said she was planning to Continue Reading »

Sickel v. State

Posted on April 4th, 2016

[CRIMINAL LAW]   In Sickel v. State,[1] the court of appeals held that AS 11.61.140(a)(2) criminalizing cruelty to animals through criminal neglect applies to people who have assumed responsibility for the care of an animal, either as an owner or otherwise.[2] Robin Lee Sickel and Jeff Waldroupe owned three horses and kept them on land Continue Reading »

Estrada v. State

Posted on April 4th, 2016

[ADMINISTRATIVE LAW]   In Estrada v. State,[1] the supreme court held that charges brought under agency regulations promulgated without following the requirements of the Alaska Administrative Procedure Act (“APA”) should be dismissed.[2] The Alaska Department of Fish and Game (the Department) issued a statewide regulation specifying how many fish may be harvested annually under a Continue Reading »

Susan M. v. Paul H.

Posted on April 4th, 2016

[FAMILY LAW]   In Susan M. v. Paul H.,[1] the supreme court held that unilateral denial of custodial visitation on the basis of repeated custody violations meets the standard of “just cause.”[2] The parties are the divorced parents of four children.[3] Paul was granted sole custody and Susan was granted supervised visitation; however, Susan retained Continue Reading »

Lybourn v. City of Wasilla

Posted on April 4th, 2016

[CONTRACT LAW]   In Lybourn v. City of Wasilla[1], the supreme court held an easement agreement with the phrase “subject to” to be unambiguously conditional. Property owners granted a utility easement to the City in exchange for City building an access road across the property, upon obtaining necessary permits and funding.[2] The City installed water Continue Reading »

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Year In Review

State v. Alexander

Posted on April 4th, 2016

[CRIMINAL LAW]   In State v. Alexander,[1] the court of appeals ruled that introduction of evidence from a “control question” polygraph examination may, under certain conditions, be admissible.[2] Alexander was charged by the state of Alaska with multiple instances of sexual abuse of a minor.[3] Before the trial began, Alexander’s attorney arranged for him to Continue Reading »

Beasley v. State

Posted on April 4th, 2016

[CRIMINAL LAW]   In Beasley v. State,[1] the court of appeals held that it was within a trial court’s broad discretion to impose a longer sentence than that recommended in a presentence report.[2] Beasley pleaded guilty to a charge of possession of child pornography.[3] Weighing several mitigating factors, Beasley’s presentence report recommended the statutory minimum Continue Reading »

Hunter v. Phillip Morris USA, Inc.

Posted on April 4th, 2016

[TORT LAW]   In Hunter v. Phillip Morris USA, Inc., [1] the supreme court held the lower court failed to properly apply the “weight of the evidence” standard when it ruled on a motion for a new trial and remanded for renewed consideration of the motion.[2] After Benjamin Francis died of lung cancer, Dolores Hunter filed Continue Reading »

Lieutenant Governor of State v. Alaska Fisheries Conservation Alliance, Inc.

Posted on April 4th, 2016

[ELECTION LAW]   In Lieutenant Governor of State v. Alaska Fisheries Conservation Alliance, Inc.,[1] the supreme court held that a ballot initiative is prohibited where it appropriates a public asset, by producing a give-away program or restricting the ability of the legislature to allocate such assets.[2] Alaska Fisheries Conservation Alliance, Inc., a nonprofit, proposed a Continue Reading »

George v. State

Posted on April 4th, 2016

[CRIMINAL LAW]   In George v. State,[1] the supreme court held that evidence before the jury must describe with sufficient specificity the kinds of act or acts committed, the number of acts committed, and the general time period wherein these acts occurred.[2] Kelsey George was convicted of 10 counts of sexual abuse.[3] At issue is Continue Reading »

Olson v. State

Posted on April 4th, 2016

[CRIMINAL LAW]   In Olson v. State,[1] the court of appeals ruled that a prosecutor did not commit misconduct when he referred to the jurors by their names during his closing argument.[2] In October 2012, an Alaskan state trooper intercepted Olson at an airport based off of a tip that said she was planning to Continue Reading »

Sickel v. State

Posted on April 4th, 2016

[CRIMINAL LAW]   In Sickel v. State,[1] the court of appeals held that AS 11.61.140(a)(2) criminalizing cruelty to animals through criminal neglect applies to people who have assumed responsibility for the care of an animal, either as an owner or otherwise.[2] Robin Lee Sickel and Jeff Waldroupe owned three horses and kept them on land Continue Reading »

Estrada v. State

Posted on April 4th, 2016

[ADMINISTRATIVE LAW]   In Estrada v. State,[1] the supreme court held that charges brought under agency regulations promulgated without following the requirements of the Alaska Administrative Procedure Act (“APA”) should be dismissed.[2] The Alaska Department of Fish and Game (the Department) issued a statewide regulation specifying how many fish may be harvested annually under a Continue Reading »

Susan M. v. Paul H.

Posted on April 4th, 2016

[FAMILY LAW]   In Susan M. v. Paul H.,[1] the supreme court held that unilateral denial of custodial visitation on the basis of repeated custody violations meets the standard of “just cause.”[2] The parties are the divorced parents of four children.[3] Paul was granted sole custody and Susan was granted supervised visitation; however, Susan retained Continue Reading »

Lybourn v. City of Wasilla

Posted on April 4th, 2016

[CONTRACT LAW]   In Lybourn v. City of Wasilla[1], the supreme court held an easement agreement with the phrase “subject to” to be unambiguously conditional. Property owners granted a utility easement to the City in exchange for City building an access road across the property, upon obtaining necessary permits and funding.[2] The City installed water Continue Reading »

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