- State v. Alaska Legislative Council
CONSTITUTIONAL LAW
Supreme Court of Alaska (2022)
Scott Anderson
In State v. Alaska Legislative Council, 515 P.3d 117 (Alaska 2022), the supreme court held that the Alaska state legislature could not appropriate future education funds from a future fiscal year’s budget. (Id. at 119). In 2018, the legislature passed and the governor signed a law appropriating education funds ...
- Gomez v. State
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 not violate defendant’s ...
- Alaska Public Offices Commission v. Patrick
ELECTION LAW, CONSTITUTIONAL LAW
Margot Graham
In Alaska Public Offices Commission v. Patrick, 494 P.3d 53 (Alaska 2021), the Alaska Supreme Court held that statutory contribution limits are unconstitutional in the context of independent expenditure groups (Id. at 60). Individual plaintiffs filed complaints with the Alaska Public Offices Commission (APOC), alleging that to independent expenditure groups accepted ...
- Perozzo v. State
CONSTITUTIONAL LAW & CRIMINAL PROCEDURE
Sasha Kahn
In Perozzo v. State, 493 P.3d 233 (Alaska Ct. App. 2021), the court of appeals held that a police officer’s request for a vehicle passenger’s identification before subsequently conducting a warrants check is not part of a “routine” traffic stop, meaning it cannot be done “without a reasonable suspicion of ...
- Dunleavy v. Alaska Legislative Council
CONSTITUTIONAL LAW
Emma Giusto
In Dunleavy v. Alaska Legislative Council, 498 P.3d 608 (Alaska 2021), the supreme court held that Alaska Statute § 39.05.080(3) and House Bill 309, both of which provided that legislative inaction on the Governor’s appointments was akin to a rejection, were unconstitutional. (Id. at 612–13). In 2020, Governor Dunleavy provided over 90 appointees ...
- Antenor v. State, Department of Corrections
CONSTITUTIONAL LAW
Kate Goldberg
In Antenor v. State, Department of Corrections, the supreme court held that denying an inmate access to a computer programing book based on security reasons did not violate the Alaska Constitution’s free speech provision or the constitutional right to reformation. In 2017, inmate Antenor attempted to order a computer programming book in order ...
- Barnebey v. Department of Administration, Division of Motor Vehicles
CONSTITUTIONAL LAW
Daisy Gray
In Barnebey v. Department of Administration, Division of Motor Vehicles, the supreme court held that a Division of Motor Vehicles (DMV) hearing officer did not violate Barnebey’s due process rights by revoking his driver’s license because of his breath test results without considering margin of error evidence. A state trooper stopped Barnebey while he ...
- Forrer v. State
CONSTITUTIONAL LAW
Macklin Willigan
Forrer v. State
In Forrer v. State, 471 P.3d 569 (Alaska 2020), the supreme court held that a debt-creating statute was unconstitutional because (1) subject-to-appropriations bonds are “debt” for purposes of Article IX, section 8 of the Alaska Constitution—and thus require Alaska voters’ authorization—and (2) the legislative scheme authorizing the bonds did not qualify ...
- Dalton v. State
CONSTITUTIONAL LAW
Jacob Keohane
Dalton v. State
In Dalton v. State, 477 P.3d 650 (Alaska App. Ct. 2020), the court of appeals held that prohibiting a paroled felon from accessing the internet without his probation officer’s permission is an undue restriction on liberty. (Id. at 656). In 2017, Kevin Dalton sexually assaulted his sleeping stepdaughter after using the ...
- Amy S. v. State
In Amy S. v. State, the supreme court held that when a party’s due process rights are violated, a failure by that party to make a plausible claim of prejudice resulting from that violation requires a finding of harmless error. The Department of Health and Social Services, Office of Children’s Services (OCS) filed an emergency ...