In State v. Cole,[1] the court of appeals held the superior court did not err in allowing the introduction of a videotaped statement under Alaska Rule of Evidence 801(d)(3). A 12 year old girl (“LP”) alleged she was sexually abused by Cole on two occasions. LP gave a videotaped statement describing the abuse to the Continue Reading »
In State v. Sharpe, the supreme court held that Daubert/Coon determinations on the admissibility of scientific evidence should be subject to the independent judgment of the appellate court as to whether the underlying scientific theory or technique is scientifically valid under the first prong of the Daubert analysis.[1] The case consolidated three cases in which Continue Reading »
In State v. Simile,[1] the court of appeals held that a court’s sentencing authority is not limited when a court revokes a defendant’s probation for a fourth or subsequent technical violation even if the State’s petition to revoke the probation contains an allegation of absconding. The State petitioned to revoke Simile’s probation based on one Continue Reading »