Criminal Law

  • Frankson v. State
    CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Couillard In Frankson v. State, 518 P.3d 743 (Alaska Ct. App. 2022), the court of appeals held that a trial court may consider an aggravating factor based on a defendant’s prior conviction when deciding whether to reject a sentencing agreement as too lenient. (Id. at 746). Felony defendant Frankson ...
  • Foy v. State
    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 the defendant entered ...
  • McGraw v. State
    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 directed the search. ...
  • Matter of A.S.
    CRIMINAL LAW / HEALTH LAW Supreme Court of Alaska (2022) Joseph Perry In Matter of A.S., 2022 WL 2965545 (Alaska 2022) (unpublished), the supreme court held that the testimony of a psychiatrist concerning a criminal defendant’s previous acts of violence and psychotic disorder provided adequate evidence that the defendant posed a harm to themselves or others, and could ...
  • Foy v. State
    CRIMINAL LAW Court of Appeals of Alaska (2022) Connor Sakati In Foy v. State, 513 P.3d 1085 (Alaska Ct. App. 2022), the Court of Appeals held that, to sustain a first-degree assault conviction, the State must prove beyond a reasonable doubt that an offender used a dangerous weapon to cause a serious physical injury, which required creating a substantial ...
  • Nelson v. State
    CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Brooks In Nelson v. State, 512 P.3d 86 (Alaska Ct. App. 2022), the court of appeals held that when the State fails to notify a person accused of driving under the influence of their right to an independent chemical test and no state-conducted test exists, the state must presume ...
  • State v. Powell
    CRIMINAL LAW Mary Beth Barksdale In State v. Powell, 487 P.3d 609 (Alaska Ct. App. 2021), the court of appeals held that a video of a forensic interview of a victim in a child sexual abuse and controlled substance case was inadmissible evidence as presented to a grand jury because the grand jury format was not covered ...
  • Baer v. State
    CRIMINAL LAW Mary Beth Barksdale In Baer v. State, 499 P.3d 1037 (Alaska Ct. App. 2021), the court of appeals held that a conviction for second-degree theft was proper where a social security card was stolen, that admission of evidence from the initial theft of the card was not clear error, and that special probation conditions were ...
  • Collins v. State
    CRIMINAL LAW Peter Graham In Collins v. State, 494 P.3d 60 (Alaska Ct. App. 2021), the Court of Appeals held that the 2013 session law amending the provisions of AS 12.55.125 to establish significantly higher presumptive sentencing ranges for offenders convicted of sexual felonies was a clarification rather than a modification of the statute; therefore, there were ...
  • Williams v. State
    CRIMINAL LAW Peter Graham In Williams v. State, 486 P.3d 1134 (Alaska Ct. App. 2021), the Court of Appeals affirmed a conviction of second-degree sexual assault. (Id. at 1135). Williams was convicted of second-degree sexual assault following a jury trial in the Superior Court, First Judicial District, Juneau. (Id.). Williams raised four issues on appeal. (Id.). First, ...

Criminal Law

  • Frankson v. State
    CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Couillard In Frankson v. State, 518 P.3d 743 (Alaska Ct. App. 2022), the court of appeals held that a trial court may consider an aggravating factor based on a defendant’s prior conviction when deciding whether to reject a sentencing agreement as too lenient. (Id. at 746). Felony defendant Frankson ...
  • Foy v. State
    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 the defendant entered ...
  • McGraw v. State
    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 directed the search. ...
  • Matter of A.S.
    CRIMINAL LAW / HEALTH LAW Supreme Court of Alaska (2022) Joseph Perry In Matter of A.S., 2022 WL 2965545 (Alaska 2022) (unpublished), the supreme court held that the testimony of a psychiatrist concerning a criminal defendant’s previous acts of violence and psychotic disorder provided adequate evidence that the defendant posed a harm to themselves or others, and could ...
  • Foy v. State
    CRIMINAL LAW Court of Appeals of Alaska (2022) Connor Sakati In Foy v. State, 513 P.3d 1085 (Alaska Ct. App. 2022), the Court of Appeals held that, to sustain a first-degree assault conviction, the State must prove beyond a reasonable doubt that an offender used a dangerous weapon to cause a serious physical injury, which required creating a substantial ...
  • Nelson v. State
    CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Brooks In Nelson v. State, 512 P.3d 86 (Alaska Ct. App. 2022), the court of appeals held that when the State fails to notify a person accused of driving under the influence of their right to an independent chemical test and no state-conducted test exists, the state must presume ...
  • State v. Powell
    CRIMINAL LAW Mary Beth Barksdale In State v. Powell, 487 P.3d 609 (Alaska Ct. App. 2021), the court of appeals held that a video of a forensic interview of a victim in a child sexual abuse and controlled substance case was inadmissible evidence as presented to a grand jury because the grand jury format was not covered ...
  • Baer v. State
    CRIMINAL LAW Mary Beth Barksdale In Baer v. State, 499 P.3d 1037 (Alaska Ct. App. 2021), the court of appeals held that a conviction for second-degree theft was proper where a social security card was stolen, that admission of evidence from the initial theft of the card was not clear error, and that special probation conditions were ...
  • Collins v. State
    CRIMINAL LAW Peter Graham In Collins v. State, 494 P.3d 60 (Alaska Ct. App. 2021), the Court of Appeals held that the 2013 session law amending the provisions of AS 12.55.125 to establish significantly higher presumptive sentencing ranges for offenders convicted of sexual felonies was a clarification rather than a modification of the statute; therefore, there were ...
  • Williams v. State
    CRIMINAL LAW Peter Graham In Williams v. State, 486 P.3d 1134 (Alaska Ct. App. 2021), the Court of Appeals affirmed a conviction of second-degree sexual assault. (Id. at 1135). Williams was convicted of second-degree sexual assault following a jury trial in the Superior Court, First Judicial District, Juneau. (Id.). Williams raised four issues on appeal. (Id.). First, ...