CRIMINAL LAW Court of Appeals of Alaska (2023) Sammy Sawyer In Tommy v. State, 531 P.3d 365 (Alaska Ct. App. 2023), the court of appeals held that the requirement that a defendant must provide express consent for magistrate judges to preside over misdemeanor criminal cases is not waived by defense counsel not raising the issue Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Johanna Crisman In Morrissette v. State, 524 P.3d 803 (Alaska Ct. App. 2023), the court of appeals held the State met its burden to reach a first-degree murder conviction of Morrissette and that the sentence was reasonable given the record. (Id. at 808). Morrissette was convicted of Continue Reading »
CIVIL PROCEDURE United States Court of Appeals, Ninth Circuit Steve Stenquist In Department of Fish and Game v. Federal Subsistence Board, 62 F.4th 1177 (4th Cir. 2023), the court of appeals held that a dispute is not moot if the basis for the dispute ends before the dispute can be fully litigated and said basis Continue Reading »
FAMILY LAW Supreme Court of Alaska (2023) Kubi Johnson In Christy v. Conrad, 524 P.3d 231 (Alaska 2023), the supreme court held parents can cut off contact between their children and the children’s grandparents, despite a positive grandparent-child relationship, if the grandparents are unable to show with clear and convincing evidence that ending visitation is Continue Reading »
CRIMINAL PROCEDURE Court of Appeals of Alaska (2023) Sarah Edwards In Taylor v. State of Alaska, 536 P.3d 247 (Alaska Ct. App. 2023), the court of appeals held that defendants cannot raise a claim that they were denied the right to self-representation for the first time on a direct appeal from a guilty plea. (Id. Continue Reading »
CRIMINAL LAW, HEALTH LAW Court of Appeals of Alaska (2023) Katie Raya In Choi v. State, 528 P.3d 463 (Alaska Ct. App. 2023) the court of appeals held that a personal care assistant convicted of medical assistance fraud was not entitled to an offset of the restitution damages for the value of services they provided Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Olivia Wagner In Bowen v. State, 533 P.3d 935 (Alaska Ct. App. 2023), the court of appeals held that attempted fourth-degree misconduct involving a controlled substance was not a qualifying predicate conviction under a felony enhancement statute. (Id. at 937). Alaska Statute 11.71.050(a)(4) criminalizes the simple possession Continue Reading »
CIVIL PROCEDURE Supreme Court of Alaska (2023) Shaun Thompson In BBFM Engineers, Inc. v. McDonald, 530 P.3d 352 (Alaska 2023), the supreme court held that pro se status alone was insufficiently compelling to relax the 30-day period to file a motion for relief from judgment. (Id. at 358). McDonald, representing himself, filed an unsigned motion Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Cindy Cheng In Morgan v. State, 523 P.3d 1254 (Alaska Ct. App. 2023), the court of appeals held that the State must show that offenders’ conviction under municipal ordinance has elements similar to those of fourth-degree assault to elevate a fourth-degree assault to a third-degree assault. (Id. Continue Reading »
CRIMINAL PROCEDURE Court of Appeals of Alaska (2023) Justin T. Reed In Maxie v. State, 530 P.3d 380 (Alaska Ct. App. 2023) the Alaska Court of Appeals ruled that a jury instruction which fails to comport with judicial precedent is nevertheless insufficient to overturn a conviction where that error would not appreciably affect the resultant Continue Reading »
