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Criminal Law

  • Amarok v. State
    CRIMINAL LAW Supreme Court of Alaska (2024) Scott Tompetrini In Amarok v. State, 543 P.3d 259 (Alaska Ct. App. 2024), the court of appeals did not to overrule prior cases that outlined rules for remanding cases when a convicted defendant alleges ineffective assistance of counsel from their post-conviction relief attorney. (Id. at 261). Amarok was convicted of murder ...
  • Beltz v. State
    CRIMINAL LAW Court of Appeals of Alaska (2024) Jack Jeffrey In Beltz v. State, 551 P.3d 583 (Alaska Ct. App. 2024), the court of appeals held that an arrestee only commits the voluntary act required for the offense of promoting contraband in a correctional facility when the arrestee knows that maintaining possession of the contraband is a separate ...
  • State of Alaska v. Brennan Grubb
    CRIMINAL LAW Supreme Court of Alaska (2024) Rasa Kerelis In State of Alaska v. Brennan Grubb 546 P.3d 586 (Alaska 2024), the Alaska supreme court held that the parent of a sexually abused minor was owed restitution accounting for her future lost wages and retirement benefits. (Id.). After Brennan Grubb sexually abused a minor, the victim’s mother resigned ...
  • Burns v. State
    CRIMINAL LAW Court of Appeals of Alaska (2024) Holly Merrill In Burns v. State, 543 P.3d 1013 (Alaska Ct. App. 2024), the court of appeals held that AS 17.38, which legalized the personal use of marijuana and operation of licensed marijuana businesses, did not implicitly repeal AS 11.71.190(b). (Id. at 1018–19). The earlier law declared marijuana a controlled ...
  • State v. McKelvey
    CRIMINAL LAW Supreme Court of Alaska (2024) Caitlyn Leary In State v. McKelvey, 544 P.3d 632 (Alaska 2024), the Supreme Court held that law enforcement may not take photos of a person’s property with a high-power zoom lens from an airplane without a warrant. (Id. at 636). McKelvey lived in a sparsely populated area north of Fairbanks, and ...
  • R.B. v. State
    CRIMINAL LAW Court of Appeals of Alaska (2023) Olivia Wagner In R.B. v. State, 533 P.3d 542 (Alaska Ct. App. 2023), the court of appeals held that (1) mandatory commitment of an incompetent felony defendant to the Alaska Psychiatric Institute (API) does not violate due process under either the United States or the Alaska Constitution, and (2) API ...
  • Alaska Public Defender Agency v. Superior Court
    CRIMINAL JUSTICE Court of Appeals of Alaska (2023) Shaun Thompson In Alaska Public Defender Agency v. Superior Court, 530 P.30 604 (Alaska Ct. App. 2023), the court of appeals held that a trial court may not toll the speedy trial clock if a defendant affirmatively objects to defense counsel’s motion for continuance. (Id. at 616). The court appointed ...
  • Douglas v. State
    CRIMINAL LAW Court of Appeals of Alaska (2023) Cindy Cheng In Douglas v. State, 527 P.3d 291 (Alaska Ct. App. 2023), the court of appeals held that a defendant is entitled to in camera review of privileged mental health records if he shows a reasonable likelihood that the records contain exculpatory evidence that relevant to his defense, which ...
  • Duty v. State
    CRIMINAL JUSTICE Court of Appeals of Alaska (2023) Catherine Cole In Duty v. State, 532 P.3d 742 (Alaska Ct. App.) the court of appeals reasonable suspicion of the presence of drugs, but not suspicion of imminent public danger or recent serious harm, is necessary to ask about the presence of drugs in a vehicle. (Id. at 747–49). A ...
  • Cunningham v. State
    CRIMINAL LAW Court of Appeals of Alaska (2023) Cara Shanahan In Cunningham v. State, 536 P.3d 739 (Alaska Ct. App. 2023), the court of appeals held that (1) to elevate second-degree indecent exposure to first-degree on the basis of a prior conviction in another jurisdiction, the defendant’s prior offense must have elements similar to those in Alaska’s indecent ...

Criminal Law

  • Amarok v. State
    CRIMINAL LAW Supreme Court of Alaska (2024) Scott Tompetrini In Amarok v. State, 543 P.3d 259 (Alaska Ct. App. 2024), the court of appeals did not to overrule prior cases that outlined rules for remanding cases when a convicted defendant alleges ineffective assistance of counsel from their post-conviction relief attorney. (Id. at 261). Amarok was convicted of murder ...
  • Beltz v. State
    CRIMINAL LAW Court of Appeals of Alaska (2024) Jack Jeffrey In Beltz v. State, 551 P.3d 583 (Alaska Ct. App. 2024), the court of appeals held that an arrestee only commits the voluntary act required for the offense of promoting contraband in a correctional facility when the arrestee knows that maintaining possession of the contraband is a separate ...
  • State of Alaska v. Brennan Grubb
    CRIMINAL LAW Supreme Court of Alaska (2024) Rasa Kerelis In State of Alaska v. Brennan Grubb 546 P.3d 586 (Alaska 2024), the Alaska supreme court held that the parent of a sexually abused minor was owed restitution accounting for her future lost wages and retirement benefits. (Id.). After Brennan Grubb sexually abused a minor, the victim’s mother resigned ...
  • Burns v. State
    CRIMINAL LAW Court of Appeals of Alaska (2024) Holly Merrill In Burns v. State, 543 P.3d 1013 (Alaska Ct. App. 2024), the court of appeals held that AS 17.38, which legalized the personal use of marijuana and operation of licensed marijuana businesses, did not implicitly repeal AS 11.71.190(b). (Id. at 1018–19). The earlier law declared marijuana a controlled ...
  • State v. McKelvey
    CRIMINAL LAW Supreme Court of Alaska (2024) Caitlyn Leary In State v. McKelvey, 544 P.3d 632 (Alaska 2024), the Supreme Court held that law enforcement may not take photos of a person’s property with a high-power zoom lens from an airplane without a warrant. (Id. at 636). McKelvey lived in a sparsely populated area north of Fairbanks, and ...
  • R.B. v. State
    CRIMINAL LAW Court of Appeals of Alaska (2023) Olivia Wagner In R.B. v. State, 533 P.3d 542 (Alaska Ct. App. 2023), the court of appeals held that (1) mandatory commitment of an incompetent felony defendant to the Alaska Psychiatric Institute (API) does not violate due process under either the United States or the Alaska Constitution, and (2) API ...
  • Alaska Public Defender Agency v. Superior Court
    CRIMINAL JUSTICE Court of Appeals of Alaska (2023) Shaun Thompson In Alaska Public Defender Agency v. Superior Court, 530 P.30 604 (Alaska Ct. App. 2023), the court of appeals held that a trial court may not toll the speedy trial clock if a defendant affirmatively objects to defense counsel’s motion for continuance. (Id. at 616). The court appointed ...
  • Douglas v. State
    CRIMINAL LAW Court of Appeals of Alaska (2023) Cindy Cheng In Douglas v. State, 527 P.3d 291 (Alaska Ct. App. 2023), the court of appeals held that a defendant is entitled to in camera review of privileged mental health records if he shows a reasonable likelihood that the records contain exculpatory evidence that relevant to his defense, which ...
  • Duty v. State
    CRIMINAL JUSTICE Court of Appeals of Alaska (2023) Catherine Cole In Duty v. State, 532 P.3d 742 (Alaska Ct. App.) the court of appeals reasonable suspicion of the presence of drugs, but not suspicion of imminent public danger or recent serious harm, is necessary to ask about the presence of drugs in a vehicle. (Id. at 747–49). A ...
  • Cunningham v. State
    CRIMINAL LAW Court of Appeals of Alaska (2023) Cara Shanahan In Cunningham v. State, 536 P.3d 739 (Alaska Ct. App. 2023), the court of appeals held that (1) to elevate second-degree indecent exposure to first-degree on the basis of a prior conviction in another jurisdiction, the defendant’s prior offense must have elements similar to those in Alaska’s indecent ...