ELECTION LAW Sloane Bessey In State v. Galvin, 491 P.3d 325 (Alaska 2021), the supreme court held that when a preliminary injunction threatens the success of an election it should be denied to protect the public interest. (Id. at 339–40). Prior to the November 2020 general election, the Division of Elections (the Division) made the Continue Reading »
ELECTION LAW Clara Nieman In State, Office of Lieutenant Governor v. Recall Dunleavy, 491 P.3d 343 (Alaska 2021), the supreme court held that (1) recall petitions are subject to a notice pleading standard and (2) a petition to recall the governor met that liberal standard. (Id. at 357, 372). Recall Dunleavy filed a recall application Continue Reading »
CRIMINAL PROCEDURE Hannah Rogers In State v. Azzarella, 483 P.3d 905 (Alaska Ct. App. 2021), the court of appeals held that a civil compromise is not effective unless and until it is approved by the court. (Id. at 906). The State charged Azzarella with four felony assault charges. (Id. at 905). However, at Azzarella’s preliminary Continue Reading »
ELECTION LAW Sloane Bessey In State, Office of the Lieutenant Governor v. Arctic Village Council, 495 P.3d 313 (Alaska 2021), the supreme court held that the health concerns of the pandemic outweighed the State interests behind the witness requirement for absentee ballots in elections. (Id. at 325–26). There is an Alaska statute that requires that Continue Reading »
CRIMINAL LAW Megan Mason Dister In Stacy v. State, 500 P.3d 1023 (Alaska 2021), the supreme court held that under Brady v. Maryland, 373 U.S. 83 (1963) and Alaska law, prosecutors have a duty to take steps to learn about favorable material possessed by the prosecution and in personnel files. (Stacy, 500 P.3d at 1026-27). Continue Reading »
CRIMINAL LAW Margot Graham In Simpson v. State, 489 P.3d 1181 (Alaska Ct. App. 2021), the court of appeals held that the investigatory stop and breath test of the defendant were warranted and that the defendant’s convictions should not be merged (Id. at 1186, 1188.). Responding to a call from Simpson’s girlfriend, officers found Simpson Continue Reading »
CRIMINAL LAW Maddie Ayer In Sherwood v. State, 493 P.3d 230 (Alaska Ct. App. 2021), the court of appeals held that the lower court erred in dismissing the defendant’s application for post-conviction relief, because it was plain error for the court to accept the defendant’s attorney’s certificate of no arguable merit when the attorney had Continue Reading »
CRIMINAL LAW Adam Beyer In Seaman v. State, 499 P.3d 1028 (Alaska Ct. App. 2021), the court of appeals held that the eligibility date for discretionary parole is not determined by deducting good time credit from the active term of imprisonment. (Id. at 1030). The case arose after an inmate serving seventy-year sentence challenged the Continue Reading »
NATIVE LAW Emma Giusto In Scudero v. State, 496 P.3d 381 (Alaska 2021), the supreme court held that an Alaska Native’s fishing rights did not exempt him from the State’s fishing regulations. (Id. at 383). Scudero, a member of the Metlakatla Indian Community, was charged with not having a fishing permit, fishing in closed waters, Continue Reading »
FAMILY LAW Maddie Ayer In Ronald H. v. Department of Health & Social Services, Office of Children’s Services, 490 P.3d 357 (Alaska 2021), the supreme court affirmed the lower court’s order to terminate a father’s parental rights, holding that the lower court did not err in finding that the Office of Children’s Services (OCS) had Continue Reading »
