CRIMINAL PROCEDURE Court of Appeals of Alaska (2022) Flora Lipsky In Strong v. State, 508 P.3d 1127 (Alaska App. 2022), the court of appeals held that risk of harm to property can constitute a “significant evil” when establishing a common law defense of necessity in a criminal case. (Id. at 1132). A fishing boat with Continue Reading »
BUSINESS LAW Supreme Court of Alaska (2022) Elza Bouhassira In Pederson v. Arctic Slope Regional Corp., 517 P.3d 606 (Alaska 2022), the supreme court held that the stated purpose of an inspection request by a shareholder should be determined based on the totality of the written request. (Id. at 611). In this case, a shareholder Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2022) Connor Sakati In Fairbanks North Star Borough v. Victory Ministries of Alaska, Inc., 515 P.3d 111 (Alaska 2022), the supreme court held that a court no longer has subject matter jurisdiction when the court closes the initial case and another case based on the same underlying controversy begins. (Id. Continue Reading »
FAMILY LAW Court of Appeals of Alaska (2022) Anighya H.D. Crocker In Grubb v. State, 506 P.3d 791 (Alaska Ct. App. 2022), the court of appeals held that Alaska law permits restitution only where lost wages and benefits are not too attenuated from the charged criminal conduct. (Id. at 792). Grubb pleaded guilty to second-degree Continue Reading »
CONSTITUTIONAL LAW & CRIMINAL PROCEDURE Court of Appeals of Alaska (2022) Alex Bartlow In Gomez v. State, 516 P.3d 879 (Alaska Ct. App. 2022), the court of appeals held that (1) statements made by a victim during the initial portion of a 911 call were not testimonial in nature, so their admission at trial did Continue Reading »
FAMILY LAW Supreme Court of Alaska (2022) Scott Anderson In Sockpick v. Magby, 2022 WL 2825388 (Alaska 2022) (unpublished), the supreme court held that a release of liability in a settlement agreement cannot be a defense to a lawsuit when a court has previously struck down that portion of the settlement agreement. (Id. at 4). Continue Reading »
FAMILY LAW Supreme Court of Alaska (2022) Sarah Couillard In Sternquist v. Sternquist, No. S-17594, 2022 WL 2137285 (Alaska June 15, 2022) (unpublished), the supreme court held that a version of a settlement agreement between a divorcing couple that was drafted by the husband and adopted by the court did not reflect the couple’s actual Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Brooks In Foy v. State, 515 P.3d 659 (Alaska Ct. App. 2022), the court of appeals held that a defendant cannot raise a claim of prosecutorial vindictiveness after entering a guilty plea, unless the vindictiveness of the prosecution was apparent on the record at the time Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2022) Sam MacDuffie In McGraw v. State, 512 P.3d 994 (Alaska Ct. App. 2022), the court of appeals held that when analyzing the validity of search under the probation search exception, a court may only consider information known to the probation officer at the time he or she Continue Reading »
FAMILY LAW Supreme Court of Alaska (2022) Robert Bulka In Womack v. Jones, 2022 WL 1565679 (Alaska May 18, 2022), reh’g denied (June 23, 2022) (unpublished), the supreme court affirmed the superior court’s interpretation of a settlement agreement in a divorce decree dividing the profits of the sale of the marital home based on cost-of-sale, Continue Reading »
