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 »
CONSTITUTIONAL LAWSupreme Court of Alaska (2022)Flora LipskyIn Knolmayer v. McCollum, 520 P.3d 634 (Alaska 2022), the supreme court held, as a matter offirst impression, that the state statute limiting medical malpractice damages awards violated thestate constitution’s Equal Protection Clause as applied to a claimant who received compensationfrom an insurer exercising a right of subrogation against Continue Reading »
CONSTITUTIONAL LAWUnited States District Court, District of Alaska (2022)Alex BartlowIn Howell v. Municipality of Anchorage, 2022 WL 17736788 (D. Alaska 2022), the district courtheld that a genuine issue of material fact existed as to whether a SWAT team’s use of projectilesand chemical agents against a mentally ill man was reasonable, precluding a grant a summaryjudgment Continue Reading »
CONSTITUTIONAL LAW Supreme Court of Alaska (2022) Scott Anderson In State v. Alaska Legislative Council, 515 P.3d 117 (Alaska 2022), the supreme court held that the Alaska state legislature could not appropriate future education funds from a future fiscal year’s budget. (Id. at 119). In 2018, the legislature passed and the governor signed a law Continue Reading »
CONSTITUTIONAL LAW & CRIMINAL PROCEDURE Court of Appeals of Alaska (2022) Alex Bartlow In Gomez v. State, 516 P.3d 879 (Alaska Ct. App. 2022), the court of appeals held that (1) statements made by a victim during the initial portion of a 911 call were not testimonial in nature, so their admission at trial did Continue Reading »
ELECTION LAW, CONSTITUTIONAL LAW Margot Graham In Alaska Public Offices Commission v. Patrick, 494 P.3d 53 (Alaska 2021), the Alaska Supreme Court held that statutory contribution limits are unconstitutional in the context of independent expenditure groups (Id. at 60). Individual plaintiffs filed complaints with the Alaska Public Offices Commission (APOC), alleging that to independent expenditure Continue Reading »
CONSTITUTIONAL LAW & CRIMINAL PROCEDURE Sasha Kahn In Perozzo v. State, 493 P.3d 233 (Alaska Ct. App. 2021), the court of appeals held that a police officer’s request for a vehicle passenger’s identification before subsequently conducting a warrants check is not part of a “routine” traffic stop, meaning it cannot be done “without a reasonable Continue Reading »
