CONSTITUTIONAL LAW Court of Appeals of Alaska (2024) Madison Detweiler In Smith v. State, 549 P.3d 145 (Alaska Ct. App. 2024), the court of appeals held that courts are not constitutionally required to affirmatively instruct grand juries that they have discretion to decline to indict in a particular case. (Id. at 153). Smith was indicted Continue Reading »
CONSTITUTIONAL LAW Court of Appeals of Alaska (2024) Lauren Beizer In State of Alaska v. Fletcher, 555 P.3d 1046 (Alaska Ct. App. 2024), after the superior court ruled that a new constitutional rule applied retroactively, the court of appeals held that (1) the purpose of the new rule supported its full retroactive application; (2) the Continue Reading »
CONSTITUTIONAL LAW Supreme Court of Alaska (2024) Melinda Xiong In Matter of Jayden A., 551 P.3d 551 (Alaska 2024), the supreme court held that the superior court’s failure to schedule a requested review detention hearing as immediately as possible, raised substantive due process concerns. (Id. at 553). A court ordered a patient’s hospitalization for evaluation Continue Reading »
CONSTITUTIONAL LAW Court of Appeals of Alaska (2024) Melinda Xiong In Kelila v. State, 556 P.3d 284 (Alaska Ct. App. 2024), the court of appeals held that granting time spent on electronic monitoring for some crimes but not others, is not an equal protection violation of the Alaska Constitution. (Id. at 290). A man was Continue Reading »
GOVERNMENT Supreme Court of Alaska (2023) Allyson Barkley In Matter of 2021 Redistricting Cases, 528 P.3d 40 (Alaska 2023), the supreme court determined the Alaska Redistricting Board’s (the “Board”) state districts to be unconstitutionally gerrymandered. (Id. at 102). After the 2020 Census results were released, the Board created a redistricting plan. (Id. at 61). It Continue Reading »
GOVERNMENT Supreme Court of Alaska (2023) Kubi Johnson In Pruitt v. State, 526 P.3d 136 (Alaska 2023), the supreme court held Pruitt asserted nonfrivolous constitutional claims and remanded for further proceedings on whether sanctions are proper. Lance Pruitt lost a close election to Elizabeth Snyder. (Id. at 138). Pruitt sued the State alleging it failed Continue Reading »
CONSTITUTIONAL LAWCourt of Appeals of Alaska (2022)Connor SakatiIn State v. Jouppi., 519 P.3d 653 (Alaska Ct. App. 2022), the court of appeals held that, todetermine if a forfeiture in a criminal case is unconstitutionally excessive, courts must considerhow harsh the legislature intended to make the crime’s punishment, whether the defendant’sconduct was part of a broader Continue Reading »
CONSTITUTIONAL LAWUnited States Court of Appeals, Ninth Circuit (2022)Sarah CouillardIn United States v. Wells, 55 F.4th 784 (9th Cir. 2022), the Ninth Circuit held that a Coast Guardemployee was not implicitly coerced by threat of loss of employment to make self–incriminatorystatements in a manner that would have violated the Fifth Amendment. (Id. at 788, 799). Continue Reading »
CONSTITUTIONAL LAWSupreme Court of Alaska (2022)Rachel ReissIn Short v. State, Office of Management & Budget, 520 P.3d 142 (Alaska 2022), the supreme courtheld that unappropriated funds from the Higher Education Investment Fund (HEIF) may be sweptannually into the Constitutional Budget Reserve (CBR). (Id. at 144). Alaska’s HEIF providesgrants and scholarships for post–secondary education programs. (Id.). Continue Reading »
CONSTITUTIONAL LAWUnited States District Court, District of Alaska (2022)Alex BartlowIn United States v. Delpriore, 2022 WL 17490771 (D. Alaska Oct. 4, 2022), the district court heldthat prohibitions on the possession of firearms by felons continue to be valid after the SupremeCourt’s ruling in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Continue Reading »
