CRIMINAL LAW
Andrew Webb
In Karrv. State, the court of appeals held that the Covid-19 pandemic constituted new information for the purposes of considering a second or subsequent bail review hearing. James Karr, Darrell Sam, and Erwin Nashoanak each appealed their denial for applications for a second or subsequent bail review hearing after the superior court determined that the Covid-19 pandemic was not new information under AS 12.30.006(d)(1). Since their initial bail hearings, the CDC, the United States, and the State of Alaska each issued mandates designed to protect the public from the spread of Covid-19. On appeal, the court of appeals held that the Covid-19 pandemic qualified as new information justifying a second or subsequent bail review hearing under AS 12.30.006(d)(1) because it directly impacts the court’s assessment of necessary bail conditions. Covid-19’s effect on travel restrictions and social distancing requirements limits the defendant’s flight risk and increases the public health risk to incarcerated individuals. Thus, the court of appeals reversed and remanded, holding that Covid-19 presents new information which justifies a second or subsequent bail review hearing.
