Year In Review

Wyatt v. State

Posted on February 6th, 2018

In Wyatt v. State,[1] the court of appeals held that a petitioner’s application for post-conviction relief need only set forth a prima facie case for relief to survive the pleadings stage.[2] Toward the end of Wyatt’s criminal trial for murder and evidence tampering, his attorney announced that he intended to rest his case without putting Continue Reading »

Jeter v. State

Posted on February 6th, 2018

In Jeter v. State,[1] the court of appeals held that when defendants who are on probation commit a new crime and receive a sentence for their new crime plus probation revocation sentences based on the same crime, these sentences can be appealed individually.[2] While on probation in two criminal cases, Jeter committed a third crime.[3] Continue Reading »

Barber v. State

Posted on February 6th, 2018

In Barber v. State,[1] the supreme court held that when both parties fail to timely appeal a final order from a superior court, the order becomes the law of the case.[2] In 1990, pro se prisoners entered into a final settlement agreement with the Department of Corrections following a class action lawsuit.[3] The Alaska legislature Continue Reading »

Burton v. Fountainhead Development, Inc.

Posted on February 6th, 2018

In Burton v. Fountainhead Development, Inc.,[1] the supreme court held that a plaintiff suing for special damages in a defamation suit must show that the defamatory statements were the legal cause of his financial injury.[2] Princess Tours hired Burton to work as its guest service host stationed at the Bear Lodge hotel.[3] Bear Lodge’s management Continue Reading »

In re District Court Judge

Posted on February 6th, 2018

In In re District Court Judge,[1] the supreme court held that a judge does not have a duty to correct erroneous statements of independent supporters during an election.[2] After the Alaska Commission on Judicial Conduct recommended that a judge not be retained after a disciplinary action, the judge decided not to campaign in the next Continue Reading »

Johnson v. State

Posted on February 6th, 2018

In Johnson v. State,[1] the court of appeals held that a conviction for first-degree stalking that requires a course of conduct must involve repeated acts of contact that are non-consensual.[2] Johnson was convicted in the superior court for first-degree stalking, which requires the State to prove that Johnson had engaged in a “course of conduct” Continue Reading »

Kim v. State

Posted on February 6th, 2018

In Kim v. State,[1] the court of appeals held that it was not plain error for the prosecutor to ask a criminal defendant if he was lying or if the State’s witness against him was lying.[2] Kim was convicted of third-degree theft for stealing a laptop from the University of Alaska and falsely reporting to Continue Reading »

Adams v. State

Posted on February 6th, 2018

In Adams v. State,[1] the court of appeals held that even when the police have violated an arrested suspect’s right to counsel, his subsequent statements are still admissible if the government shows that those statements were both initiated by the suspect and not tainted by the preceding violation.[2] Adams was arrested on suspicion that he Continue Reading »

Olson v. State

Posted on February 6th, 2018

In Olson v. State,[1] the court of appeals held that while the probative value of an unredacted version of a restraining order was substantially outweighed by its danger of unfairly prejudicing the defendant, this error was harmless.[2] Olson’s wife obtained a domestic violence protective order against Olson.[3] After Olson was found within a quarter mile Continue Reading »

McCord v. State

Posted on February 6th, 2018

In McCord v. State,[1] the court of appeals held that a criminal defendant has a constitutional right to question the analyst who conducts lab tests admitted into evidence in her case.[2] McCord was convicted of driving under the influence though her blood alcohol level was not over the statutory limit.[3] At the time of arrest, Continue Reading »

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Year In Review

Wyatt v. State

Posted on February 6th, 2018

In Wyatt v. State,[1] the court of appeals held that a petitioner’s application for post-conviction relief need only set forth a prima facie case for relief to survive the pleadings stage.[2] Toward the end of Wyatt’s criminal trial for murder and evidence tampering, his attorney announced that he intended to rest his case without putting Continue Reading »

Jeter v. State

Posted on February 6th, 2018

In Jeter v. State,[1] the court of appeals held that when defendants who are on probation commit a new crime and receive a sentence for their new crime plus probation revocation sentences based on the same crime, these sentences can be appealed individually.[2] While on probation in two criminal cases, Jeter committed a third crime.[3] Continue Reading »

Barber v. State

Posted on February 6th, 2018

In Barber v. State,[1] the supreme court held that when both parties fail to timely appeal a final order from a superior court, the order becomes the law of the case.[2] In 1990, pro se prisoners entered into a final settlement agreement with the Department of Corrections following a class action lawsuit.[3] The Alaska legislature Continue Reading »

Burton v. Fountainhead Development, Inc.

Posted on February 6th, 2018

In Burton v. Fountainhead Development, Inc.,[1] the supreme court held that a plaintiff suing for special damages in a defamation suit must show that the defamatory statements were the legal cause of his financial injury.[2] Princess Tours hired Burton to work as its guest service host stationed at the Bear Lodge hotel.[3] Bear Lodge’s management Continue Reading »

In re District Court Judge

Posted on February 6th, 2018

In In re District Court Judge,[1] the supreme court held that a judge does not have a duty to correct erroneous statements of independent supporters during an election.[2] After the Alaska Commission on Judicial Conduct recommended that a judge not be retained after a disciplinary action, the judge decided not to campaign in the next Continue Reading »

Johnson v. State

Posted on February 6th, 2018

In Johnson v. State,[1] the court of appeals held that a conviction for first-degree stalking that requires a course of conduct must involve repeated acts of contact that are non-consensual.[2] Johnson was convicted in the superior court for first-degree stalking, which requires the State to prove that Johnson had engaged in a “course of conduct” Continue Reading »

Kim v. State

Posted on February 6th, 2018

In Kim v. State,[1] the court of appeals held that it was not plain error for the prosecutor to ask a criminal defendant if he was lying or if the State’s witness against him was lying.[2] Kim was convicted of third-degree theft for stealing a laptop from the University of Alaska and falsely reporting to Continue Reading »

Adams v. State

Posted on February 6th, 2018

In Adams v. State,[1] the court of appeals held that even when the police have violated an arrested suspect’s right to counsel, his subsequent statements are still admissible if the government shows that those statements were both initiated by the suspect and not tainted by the preceding violation.[2] Adams was arrested on suspicion that he Continue Reading »

Olson v. State

Posted on February 6th, 2018

In Olson v. State,[1] the court of appeals held that while the probative value of an unredacted version of a restraining order was substantially outweighed by its danger of unfairly prejudicing the defendant, this error was harmless.[2] Olson’s wife obtained a domestic violence protective order against Olson.[3] After Olson was found within a quarter mile Continue Reading »

McCord v. State

Posted on February 6th, 2018

In McCord v. State,[1] the court of appeals held that a criminal defendant has a constitutional right to question the analyst who conducts lab tests admitted into evidence in her case.[2] McCord was convicted of driving under the influence though her blood alcohol level was not over the statutory limit.[3] At the time of arrest, Continue Reading »

Page 1 of 4912345...102030...Last »