Year In Review

In re Tiffany O.

Posted on March 26th, 2021

FAMILY LAW Natalie Howard   In re Tiffany O. In In re Tiffany O., 467 P.3d 1076 (Alaska 2020), the supreme court held that removing a guardian who relied on prayer instead of other reasonable forms of health care did not violate the Alaska Constitution’s free exercise clause due to the state’s compelling interest in Continue Reading »

Hayes v. State

Posted on March 26th, 2021

CRIMINAL PROCEDURE Daisy Gray   Hayes v. State In Hayes v. State, 474 P.3d 1179 (Alaska Ct. App. 2020), the court of appeals held that the hearsay exception for a child crime victim’s recorded statement in Alaska Evidence Rule 801(d)(3) covers statements where the victim is under sixteen years old at the time of the Continue Reading »

Forrer v. State

Posted on March 26th, 2021

CONSTITUTIONAL LAW Macklin Willigan   Forrer v. State In Forrer v. State, 471 P.3d 569 (Alaska 2020), the supreme court held that a debt-creating statute was unconstitutional because (1) subject-to-appropriations bonds are “debt” for purposes of Article IX, section 8 of the Alaska Constitution—and thus require Alaska voters’ authorization—and (2) the legislative scheme authorizing the Continue Reading »

Dalton v. State

Posted on March 26th, 2021

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 »

Chinuhuk v. State

Posted on March 26th, 2021

CRIMINAL JUSTICE Kristen M. Renberg, PhD   Chinuhuk v. State In Chinuhuk v. State, 472 P.3d 511 (Alaska 2020), the supreme court held that trial courts do not have the discretion to reduce probation if an offender was previously sentenced to the statutory minimum period of probation because the legislature intended for a sex offender’s Continue Reading »

Chilcote v. State

Posted on March 26th, 2021

CRIMINAL PROCEDURE Kate Goldberg   Chilcote v. State In Chilcote v. State, 471 P.3d 599 (Alaska Ct. App. 2020), the court of appeals held that neither Virginia’s two-tiered adjudicated system, nor the failure to advise a defendant of their right to a jury trial, violates a defendant’s fundamental rights in terms negating a “prior conviction” Continue Reading »

Beardsley v. Robert N. Jacobsen & Darlene F. Jacobsen Living Trust

Posted on March 26th, 2021

COMMERCIAL LAW Melissa English   Beardsley v. Robert N. Jacobsen & Darlene F. Jacobsen Living Trust In Beardsley v. Robert N. Jacobsen & Darlene F. Jacobsen Living Trust, 472 P.3d 500 (Alaska 2020), the supreme court held that a genuine dispute existed over whether a purchaser personally guaranteed the obligations of a bankrupt entity because Continue Reading »

Akelkok v. State

Posted on March 26th, 2021

CRIMINAL JUSTICE Mike Keramidas   Akelkok v. State In Akelkok v. State, 475 P.3d 1136 (Alaska Ct. App. 2020), the court of appeals held that the trial court did not violate Charles Akelkok’s due process rights through its efforts to have Annie Sergie testify. (Id. at 1142). Akelkok was convicted of third-degree assault for attacking Continue Reading »

Ahvakana v. State

Posted on March 26th, 2021

CRIMINAL JUSTICE Mike Keramidas   Ahvakana v. State In Ahvakana v. State, 475 P.3d 1118 (Alaska Ct. App. 2020), the court of appeals held that Ahvakana’s attorney provided him incompetent advice and remanded the case to determine if the advice prejudiced Ahvakana. (Id at 1124, 1126). Ahvakana was indicted with, inter alia, first-degree assault and Continue Reading »

West v. Alaska Mental Health Trust Authority

Posted on March 10th, 2021

ADMINISTRATIVE LAW Mike Keramidas   West v. Alaska Mental Health Trust Authority In West v. Alaska Mental Health Tr. Auth., 467 P.3d 1064 (Alaska 2020), the supreme court held that the Land Office of the Alaska Mental Health Trust Authority acted in the Trust’s best interest when it sold five lots of land. (Id. at Continue Reading »

Year In Review

In re Tiffany O.

Posted on March 26th, 2021

FAMILY LAW Natalie Howard   In re Tiffany O. In In re Tiffany O., 467 P.3d 1076 (Alaska 2020), the supreme court held that removing a guardian who relied on prayer instead of other reasonable forms of health care did not violate the Alaska Constitution’s free exercise clause due to the state’s compelling interest in Continue Reading »

Hayes v. State

Posted on March 26th, 2021

CRIMINAL PROCEDURE Daisy Gray   Hayes v. State In Hayes v. State, 474 P.3d 1179 (Alaska Ct. App. 2020), the court of appeals held that the hearsay exception for a child crime victim’s recorded statement in Alaska Evidence Rule 801(d)(3) covers statements where the victim is under sixteen years old at the time of the Continue Reading »

Forrer v. State

Posted on March 26th, 2021

CONSTITUTIONAL LAW Macklin Willigan   Forrer v. State In Forrer v. State, 471 P.3d 569 (Alaska 2020), the supreme court held that a debt-creating statute was unconstitutional because (1) subject-to-appropriations bonds are “debt” for purposes of Article IX, section 8 of the Alaska Constitution—and thus require Alaska voters’ authorization—and (2) the legislative scheme authorizing the Continue Reading »

Dalton v. State

Posted on March 26th, 2021

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 »

Chinuhuk v. State

Posted on March 26th, 2021

CRIMINAL JUSTICE Kristen M. Renberg, PhD   Chinuhuk v. State In Chinuhuk v. State, 472 P.3d 511 (Alaska 2020), the supreme court held that trial courts do not have the discretion to reduce probation if an offender was previously sentenced to the statutory minimum period of probation because the legislature intended for a sex offender’s Continue Reading »

Chilcote v. State

Posted on March 26th, 2021

CRIMINAL PROCEDURE Kate Goldberg   Chilcote v. State In Chilcote v. State, 471 P.3d 599 (Alaska Ct. App. 2020), the court of appeals held that neither Virginia’s two-tiered adjudicated system, nor the failure to advise a defendant of their right to a jury trial, violates a defendant’s fundamental rights in terms negating a “prior conviction” Continue Reading »

Beardsley v. Robert N. Jacobsen & Darlene F. Jacobsen Living Trust

Posted on March 26th, 2021

COMMERCIAL LAW Melissa English   Beardsley v. Robert N. Jacobsen & Darlene F. Jacobsen Living Trust In Beardsley v. Robert N. Jacobsen & Darlene F. Jacobsen Living Trust, 472 P.3d 500 (Alaska 2020), the supreme court held that a genuine dispute existed over whether a purchaser personally guaranteed the obligations of a bankrupt entity because Continue Reading »

Akelkok v. State

Posted on March 26th, 2021

CRIMINAL JUSTICE Mike Keramidas   Akelkok v. State In Akelkok v. State, 475 P.3d 1136 (Alaska Ct. App. 2020), the court of appeals held that the trial court did not violate Charles Akelkok’s due process rights through its efforts to have Annie Sergie testify. (Id. at 1142). Akelkok was convicted of third-degree assault for attacking Continue Reading »

Ahvakana v. State

Posted on March 26th, 2021

CRIMINAL JUSTICE Mike Keramidas   Ahvakana v. State In Ahvakana v. State, 475 P.3d 1118 (Alaska Ct. App. 2020), the court of appeals held that Ahvakana’s attorney provided him incompetent advice and remanded the case to determine if the advice prejudiced Ahvakana. (Id at 1124, 1126). Ahvakana was indicted with, inter alia, first-degree assault and Continue Reading »

West v. Alaska Mental Health Trust Authority

Posted on March 10th, 2021

ADMINISTRATIVE LAW Mike Keramidas   West v. Alaska Mental Health Trust Authority In West v. Alaska Mental Health Tr. Auth., 467 P.3d 1064 (Alaska 2020), the supreme court held that the Land Office of the Alaska Mental Health Trust Authority acted in the Trust’s best interest when it sold five lots of land. (Id. at Continue Reading »