Year In Review

State, Department of Corrections. v. Stefano

Posted on April 26th, 2023

CRIMINAL LAWSupreme Court of Alaska (2022)Anighya CrockerIn State, Department of Corrections. v. Stefano, 516 P.3d 486 (Alaska 2022), the supreme courtheld that, even though being removed from electronic monitoring does not implicate theconstitutional right to rehabilitation, an inmate released on electronic monitoring has a libertyinterest protected by the due process guarantee of the Alaska constitution Continue Reading »

Jones-Nelson v. State

Posted on April 26th, 2023

CRIMINAL LAWSupreme Court of Alaska (2022)Scott AndersonIn Jones–Nelson v. State, 512 P.3d 665 (Alaska 2022), the supreme court held that an inaccuratejury instruction was not harmless error when it incorrectly described the reasonablenessrequirement for self–defense and improperly distinguished between different degrees of deadlyforce. (Id. at 676–78). The suspect, Jones–Nelson, was at a party and confronted Continue Reading »

Sycks v. Transamerica Life Insurance Co.

Posted on April 26th, 2023

CONTRACT LAWUnited States District Court, District of Alaska (2022)Jake ShermanIn Sycks v. Transamerica Life Insurance Co., 2022 WL 17403784 (D. Alaska 2022), the districtcourt held that a court may not look to the terms of a contract for purposes of a Rule 12(b)(6)motion to dismiss if the parties dispute whether the certified copy of the Continue Reading »

State v. Alaska Legislative Council

Posted on December 21st, 2022

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 »

Frankson v. State

Posted on December 21st, 2022

CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Couillard In Frankson v. State, 518 P.3d 743 (Alaska Ct. App. 2022), the court of appeals held that a trial court may consider an aggravating factor based on a defendant’s prior conviction when deciding whether to reject a sentencing agreement as too lenient. (Id. at 746). Continue Reading »

Wayson v. Stevenson

Posted on December 21st, 2022

PROPERTY LAW Supreme Court of Alaska (2022) Sarah Brooks In Wayson v. Stevenson, 514 P.3d 1263 (Alaska 2022), the supreme court held that if a deed of easement allows for a right to use a roadway for any means that the landowner may deem “necessary or appropriate” without further restriction, the landowner may use the Continue Reading »

Lee v. State

Posted on December 21st, 2022

CRIMINAL PROCEDURE Court of Appeals of Alaska (2022) Sam MacDuffie In Lee v. State, 507 P.3d 483 (Alaska Ct. App. 2022), as revised on reh’g (Apr. 25, 2022), the court of appeals held that (1) a witness’s lack of memory does not make him unavailable for purposes of the Confrontation Clause, and (2) voluntary felony guilty pleas Continue Reading »

Mona J. v. State, Department of Health & Social Services

Posted on December 21st, 2022

NATIVE LAW/FAMILY LAW Supreme Court of Alaska (2022) Robert Bulka In Mona J. v. State, Department of Health & Social Services, 511 P.3d 553 (Alaska 2022), the supreme court held that while a lack of parental cooperation with the Office of Children’s Services (OCS) does not justify making only passive efforts to provide remedial services Continue Reading »

Sulzbach v. City & Borough of Sitka

Posted on December 21st, 2022

TORT LAW Supreme Court of Alaska (2022) Rachel Reiss In Sulzbach v. City & Borough of Sitka, 517 P.3d 7 (Alaska 2022), the supreme court held that the City and a nonprofit volunteer were not liable for an accident that injured an event dancer. (Id. at 10). An independent nonprofit organization planned to host an Continue Reading »

Husby v. Monegan

Posted on December 21st, 2022

FAMILY LAW Supreme Court of Alaska (2022) Kristiana Olson In Husby v. Monegan, 517 P.3d 20 (Alaska 2022), the supreme court held that a statute allowing modification of visitation orders applies to grandparents and that the parental preference rule does not apply when a grandparent has already been granted visitation. (Id. at 23). After a Continue Reading »

Year In Review

State, Department of Corrections. v. Stefano

Posted on April 26th, 2023

CRIMINAL LAWSupreme Court of Alaska (2022)Anighya CrockerIn State, Department of Corrections. v. Stefano, 516 P.3d 486 (Alaska 2022), the supreme courtheld that, even though being removed from electronic monitoring does not implicate theconstitutional right to rehabilitation, an inmate released on electronic monitoring has a libertyinterest protected by the due process guarantee of the Alaska constitution Continue Reading »

Jones-Nelson v. State

Posted on April 26th, 2023

CRIMINAL LAWSupreme Court of Alaska (2022)Scott AndersonIn Jones–Nelson v. State, 512 P.3d 665 (Alaska 2022), the supreme court held that an inaccuratejury instruction was not harmless error when it incorrectly described the reasonablenessrequirement for self–defense and improperly distinguished between different degrees of deadlyforce. (Id. at 676–78). The suspect, Jones–Nelson, was at a party and confronted Continue Reading »

Sycks v. Transamerica Life Insurance Co.

Posted on April 26th, 2023

CONTRACT LAWUnited States District Court, District of Alaska (2022)Jake ShermanIn Sycks v. Transamerica Life Insurance Co., 2022 WL 17403784 (D. Alaska 2022), the districtcourt held that a court may not look to the terms of a contract for purposes of a Rule 12(b)(6)motion to dismiss if the parties dispute whether the certified copy of the Continue Reading »

State v. Alaska Legislative Council

Posted on December 21st, 2022

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 »

Frankson v. State

Posted on December 21st, 2022

CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Couillard In Frankson v. State, 518 P.3d 743 (Alaska Ct. App. 2022), the court of appeals held that a trial court may consider an aggravating factor based on a defendant’s prior conviction when deciding whether to reject a sentencing agreement as too lenient. (Id. at 746). Continue Reading »

Wayson v. Stevenson

Posted on December 21st, 2022

PROPERTY LAW Supreme Court of Alaska (2022) Sarah Brooks In Wayson v. Stevenson, 514 P.3d 1263 (Alaska 2022), the supreme court held that if a deed of easement allows for a right to use a roadway for any means that the landowner may deem “necessary or appropriate” without further restriction, the landowner may use the Continue Reading »

Lee v. State

Posted on December 21st, 2022

CRIMINAL PROCEDURE Court of Appeals of Alaska (2022) Sam MacDuffie In Lee v. State, 507 P.3d 483 (Alaska Ct. App. 2022), as revised on reh’g (Apr. 25, 2022), the court of appeals held that (1) a witness’s lack of memory does not make him unavailable for purposes of the Confrontation Clause, and (2) voluntary felony guilty pleas Continue Reading »

Mona J. v. State, Department of Health & Social Services

Posted on December 21st, 2022

NATIVE LAW/FAMILY LAW Supreme Court of Alaska (2022) Robert Bulka In Mona J. v. State, Department of Health & Social Services, 511 P.3d 553 (Alaska 2022), the supreme court held that while a lack of parental cooperation with the Office of Children’s Services (OCS) does not justify making only passive efforts to provide remedial services Continue Reading »

Sulzbach v. City & Borough of Sitka

Posted on December 21st, 2022

TORT LAW Supreme Court of Alaska (2022) Rachel Reiss In Sulzbach v. City & Borough of Sitka, 517 P.3d 7 (Alaska 2022), the supreme court held that the City and a nonprofit volunteer were not liable for an accident that injured an event dancer. (Id. at 10). An independent nonprofit organization planned to host an Continue Reading »

Husby v. Monegan

Posted on December 21st, 2022

FAMILY LAW Supreme Court of Alaska (2022) Kristiana Olson In Husby v. Monegan, 517 P.3d 20 (Alaska 2022), the supreme court held that a statute allowing modification of visitation orders applies to grandparents and that the parental preference rule does not apply when a grandparent has already been granted visitation. (Id. at 23). After a Continue Reading »