- Perez v. State
CRIMINAL LAW / CRIMINAL PROCEDURECourt of Appeals of Alaska (2022)Joseph PerryIn Perez v. State, 521 P.3d 592 (Alaska Ct. App. 2022), the court of appeals held that a trial courthas an affirmative duty to act when it becomes clear that a criminal defendant has not been assignedan attorney, but that a defendant may consent to ...
- United States v. Spayd
CRIMINAL PROCEDUREUnited States District Court, District of Alaska (2022)Scott AndersonIn United States v. Spayd, 2022 WL 4220192 (D. Alaska Sept. 13, 2022), the district court heldthat an indictment sufficiently alleges an element of a crime when it applies the relevant mens rea(state of mind) requirement to the definition of the element. (Id. at *3). Prosecutors ...
- Lee v. State
CRIMINAL PROCEDURE
Court of Appeals of Alaska (2022)
Sam MacDuffie
In Lee v. State, 507 P.3d 483 (Alaska Ct. App. 2022), as revised on reh’g (Apr. 25, 2022), the court of appeals held that (1) a witness’s lack of memory does not make him unavailable for purposes of the Confrontation Clause, and (2) voluntary felony guilty pleas made in military ...
- Wright v. State
CRIMINAL PROCEDURE
United States Court of Appeals, Ninth Circuit (2022)
Joe Perry
In Wright v. State, 47 F.4th 954 (9th Cir. 2022), the Ninth Circuit held that an individual may not assert a conviction predicated on a previous conviction in another state as the basis for a habeas corpus petition for the original conviction. (Id. at 961). In ...
- Sackett v. State
CRIMINAL PROCEDURE
Court of Appeals of Alaska (2022)
Flora Lipsky
In Sackett v. State, 518 P.3d 289 (Alaska Ct. App. 2022), the court of appeals held that the mere assignment of a public defense agency does not satisfy a defendant’s right to counsel. (Id. at 292). Following conviction and sentencing, criminal defendant Sackett filed a pro se motion ...
- Torrence v. State, Department of Corrections
CRIMINAL PROCEDURE
Supreme Court of Alaska (2022)
Elza Bouhassira
In Torrence v. State, Department of Corrections, 2022 WL 2093196 (Alaska 2022) (unpublished), the supreme court held that a court may dismiss an appeal if an inmate has failed to exhaust the available administrative remedies. (Id. at *1). A riot broke out at Spring Creek Correctional Center and an ...
- Zurlo v. State
CRIMINAL PROCEDURE
Court of Appeals of Alaska (2022)
Connor Sakati
In Zurlo v. State, 506 P.3d 777 (Alaska Ct. App. 2022), the Court of Appeals held that, when a prosecutor violates the duty of making a “reasonably complete and fair” presentation to a grand jury, the prosecutor then “subvert the integrity” of that grand jury, so that a conviction ...
- Mosquito v. State
CRIMINAL PROCEDURE
Court of Appeals of Alaska (2022)
Scott Anderson
In Mosquito v. State, 504 P.3d 918 (Alaska Ct. App. 2022), the court of appeals held that a parole compliance law only applied to compliance on or after the law took effect. (Id. at 922–23). The legislature amended the initial version of a law which provided 30 days ...
- Victor v. State
CRIMINAL PROCEDURE
Court of Appeals of Alaska (2022)
Sam MacDuffie
In Victor v. State, 516 P.3d 506 (Alaska Ct. App. 2022), the court of appeals held that the State is not required to show a criminal defendant is competent before re-instating charges which were previously dismissed without prejudice because of a finding that the defendant lacked competency. (Id. ...
- Strong v. State
CRIMINAL PROCEDURE
Court of Appeals of Alaska (2022)
Flora Lipsky
In Strong v. State, 508 P.3d 1127 (Alaska App. 2022), the court of appeals held that risk of harm to property can constitute a “significant evil” when establishing a common law defense of necessity in a criminal case. (Id. at 1132). A fishing boat with permits for drift ...
