CONSTITUTIONAL LAW Jacob Keohane Dalton v. State In Dalton v. State, 477 P.3d 650 (Alaska App. Ct. 2020), the court of appeals held that prohibiting a paroled felon from accessing the internet without his probation officer’s permission is an undue restriction on liberty. (Id. at 656). In 2017, Kevin Dalton sexually assaulted his sleeping Continue Reading »
In Amy S. v. State,[1] the supreme court held that when a party’s due process rights are violated, a failure by that party to make a plausible claim of prejudice resulting from that violation requires a finding of harmless error. The Department of Health and Social Services, Office of Children’s Services (OCS) filed an emergency Continue Reading »
In Club SinRock, LLC v. Municipality of Anchorage,[1] the supreme court held that a municipal closing-hours restriction applies to adult cabarets, but, under strict scrutiny, violates the Alaska Constitution’s free speech clause. Although a municipal ordinance required adult-oriented establishments to be closed between 2:00 a.m. and 6:00 a.m., Club SinRock, an adult cabaret featuring nude Continue Reading »
In Ebli v. State,[1] the supreme court affirmed a lower court’s decision to dismiss an incarcerated individual’s complaint that a restriction placed on his visitation rights by the Department of Corrections (DOC) violated his constitutional right to rehabilitation. While incarcerated, Keilan Ebli began a romantic relationship with a DOC substance abuse counselor, which continued even Continue Reading »
In Pohland v. State,[1] the court of appeals held the general search of an individual’s laptop to be unconstitutional when conducted under a warrant authorizing the search of another individual’s digital records related to that second individual’s suspected crimes. Alaska state troopers investigating McRoberts obtained a search warrant authorizing search and seizure of all digital Continue Reading »
In State v. Planned Parenthood of the Great Northwest,[1] the Alaska Supreme Court held that AS 47.07.068 (the statute) and Alaska Administrative Code Title 7 § 160.900(d)(30) (the regulation) violated the Equal Protection Clause of the Alaska Constitution by restricting Medicaid funding of abortions with insufficiently narrow tailoring. In 2013, the Alaska Department of Health Continue Reading »
In Markham v. Kodiak Island Borough Board of Equalization,[1] the supreme court held the eligibility requirements for a senior citizen property tax exemption did not violate equal protection. Markham applied for a senior citizen tax exemption on his property in Kodiak, and the assessor denied his applications due to prolonged absences. The Borough Board of Continue Reading »
In Meyer v. Stand for Salmon,[1] the supreme court held that in a claim with multiple constitutional issues, the constitutional claimant was entitled to recover attorneys’ fees for the issues on which it prevailed. The preceding action addressed four constitutional issues that arose after the Lieutenant Governor did not certify Stand for Salmon’s ballot initiative. Continue Reading »
