Year In Review

Clifton v. State

Posted on April 14th, 2020

In Clifton v. State,[1] the court of appeals held that probation conditions requiring medication, cooperation with guardianship, and compliance with warrantless searches were decided under and improper standard of review, insufficiently supported, and determined to far out from the release date. After being convicted of attempted murder and aggravated assault related to delusional incident, Clifton Continue Reading »

Dere v. State

Posted on April 14th, 2020

In Dere v. State,[1] the court of appeals held that it was not a violation of the double jeopardy clause to be retried on a greater charge, even if already found guilty of a lesser included charge. Dere was charged with robbery, assault, and theft. During deliberations, the foreman indicated the jury was deadlocked as Continue Reading »

Doe v. State, Department of Public Safety

Posted on April 14th, 2020

In Doe v. State, Department of Public Safety,[1] the supreme court held that part of Alaska’s sex offender registration law unconstitutionally violated an offender’s due process right to privacy by not providing the offender the opportunity to prove that they are not likely to re-offend and should no longer be required to register. Doe moved Continue Reading »

Dulier v. State

Posted on April 14th, 2020

In Dulier v. State,[1] the court of appeals held that there was sufficient evidence for a jury to find that a flare gun fired at the victim by the defendant was a dangerous instrument capable of causing death or serious physical injury. After an altercation, defendant Dulier pressed a flare gun into the victim’s neck Continue Reading »

Fedolfi v. State

Posted on April 14th, 2020

In Fedolfi v. State,[1] the supreme court ruled a police officer’s convictions for attempted third-degree sexual assault and official misconduct were the same offense for double jeopardy purposes. The police officer offered to drive a drunk woman home, but instead he drove her to another location, exposed himself to her, and tried to sexually assault Continue Reading »

Fox v. State

Posted on April 14th, 2020

In Fox v. State,[1] the court of appeals held that a criminal defendant is not entitled to credit against his sentence for voluntary placement at a community residential center. Fox appealed from a superior court decision upholding the Alaska Parole Board’s decision to deny credit against his sentence for time spent in a community residential Continue Reading »

Graham v. State

Posted on April 14th, 2020

In Graham v. State,[1] the court of appeals held that a drunk driver’s sentence may have been driven by principles of retribution and that the trial court had erred in its determination of the proper sentencing benchmark, its conclusion on aggravating factors, and its interpretation of the proper basis of the community condemnation standard. The Continue Reading »

Hall v. State

Posted on April 14th, 2020

In Hall v. State,[1] the appellate court held that due process prohibits application of a statutory bar on successive petitions when a defendant is raising a post-conviction relief claim based on newly discovered evidence of innocence that was not previously available to the defendant. Defendant Brian Hall was convicted in 1993 of first- and second- Continue Reading »

Jones-Nelson v. State

Posted on April 14th, 2020

In Jones-Nelson v. State,[1] the supreme court ruled the defendant is not required to introduce evidence of each element of self-defense before the defendant can introduce evidence of the victim’s prior acts of and reputation for violence. The defendant and the victim were attending the same party, and they got into an argument after the Continue Reading »

Kasgnoc v. State

Posted on April 14th, 2020

In Kasgnoc v. State,[1] the court of appeals found that the trial court had erred in admitting evidence of a prior sexual assault under the consent defense exemption outlined in Alaska Evidence Rule 404(b)(3), but affirmed the admission under Alaska Evidence Rule 404(b)(4) on the grounds that both the current and previous conduct qualified as Continue Reading »

Year In Review

Clifton v. State

Posted on April 14th, 2020

In Clifton v. State,[1] the court of appeals held that probation conditions requiring medication, cooperation with guardianship, and compliance with warrantless searches were decided under and improper standard of review, insufficiently supported, and determined to far out from the release date. After being convicted of attempted murder and aggravated assault related to delusional incident, Clifton Continue Reading »

Dere v. State

Posted on April 14th, 2020

In Dere v. State,[1] the court of appeals held that it was not a violation of the double jeopardy clause to be retried on a greater charge, even if already found guilty of a lesser included charge. Dere was charged with robbery, assault, and theft. During deliberations, the foreman indicated the jury was deadlocked as Continue Reading »

Doe v. State, Department of Public Safety

Posted on April 14th, 2020

In Doe v. State, Department of Public Safety,[1] the supreme court held that part of Alaska’s sex offender registration law unconstitutionally violated an offender’s due process right to privacy by not providing the offender the opportunity to prove that they are not likely to re-offend and should no longer be required to register. Doe moved Continue Reading »

Dulier v. State

Posted on April 14th, 2020

In Dulier v. State,[1] the court of appeals held that there was sufficient evidence for a jury to find that a flare gun fired at the victim by the defendant was a dangerous instrument capable of causing death or serious physical injury. After an altercation, defendant Dulier pressed a flare gun into the victim’s neck Continue Reading »

Fedolfi v. State

Posted on April 14th, 2020

In Fedolfi v. State,[1] the supreme court ruled a police officer’s convictions for attempted third-degree sexual assault and official misconduct were the same offense for double jeopardy purposes. The police officer offered to drive a drunk woman home, but instead he drove her to another location, exposed himself to her, and tried to sexually assault Continue Reading »

Fox v. State

Posted on April 14th, 2020

In Fox v. State,[1] the court of appeals held that a criminal defendant is not entitled to credit against his sentence for voluntary placement at a community residential center. Fox appealed from a superior court decision upholding the Alaska Parole Board’s decision to deny credit against his sentence for time spent in a community residential Continue Reading »

Graham v. State

Posted on April 14th, 2020

In Graham v. State,[1] the court of appeals held that a drunk driver’s sentence may have been driven by principles of retribution and that the trial court had erred in its determination of the proper sentencing benchmark, its conclusion on aggravating factors, and its interpretation of the proper basis of the community condemnation standard. The Continue Reading »

Hall v. State

Posted on April 14th, 2020

In Hall v. State,[1] the appellate court held that due process prohibits application of a statutory bar on successive petitions when a defendant is raising a post-conviction relief claim based on newly discovered evidence of innocence that was not previously available to the defendant. Defendant Brian Hall was convicted in 1993 of first- and second- Continue Reading »

Jones-Nelson v. State

Posted on April 14th, 2020

In Jones-Nelson v. State,[1] the supreme court ruled the defendant is not required to introduce evidence of each element of self-defense before the defendant can introduce evidence of the victim’s prior acts of and reputation for violence. The defendant and the victim were attending the same party, and they got into an argument after the Continue Reading »

Kasgnoc v. State

Posted on April 14th, 2020

In Kasgnoc v. State,[1] the court of appeals found that the trial court had erred in admitting evidence of a prior sexual assault under the consent defense exemption outlined in Alaska Evidence Rule 404(b)(3), but affirmed the admission under Alaska Evidence Rule 404(b)(4) on the grounds that both the current and previous conduct qualified as Continue Reading »