CRIMINAL PROCEDURE Melissa Gustafson In Phornsavanh v. State, 481 P.3d 1145 (Alaska Ct. App. 2021), the court of appeals held that when trial courts rule on motions for a new trial based on the weight of the evidence, they must independently weigh the evidence and use their discretion to make their own credibility determination about Continue Reading »
ELECTION LAW Margot Graham In Republican Governors Association v. Alaska Public Offices Commission, 485 P.3d 545 (Alaska 2021), the supreme court held that the Republican Governors Association violated a campaign finance registration statute that required registration prior to making “expenditures.” (Id. at 553). In advance of the 2018 gubernatorial primary race and before registering with Continue Reading »
EMPLOYMENT LAW Daniel Clark In Wilson v. State, 478 P.3d 1217 (Alaska 2021), the supreme court held that neither public employees nor their counsel must be given notice of the privilege against self-incrimination in advance of an interview wherein employees’ answers will be compelled under threat of the termination. (Id. at 1225–26). In March of Continue Reading »
HEALTH LAW Emma Giusto In Matter of Vern H., 486 P.3d 1123 (Alaska 2021), the supreme court held that (1) probable cause is the proper standard for review hearings when detaining an individual awaiting transportation for a civil commitment mental health evaluation, and (2) to detain the individual in jail while awaiting transport, the State Continue Reading »
ETHICS & PROFESSIONAL RESPONSIBILITY Megan Mason Dister In Geisinger v. State, 2021 Alas. App. LEXIS 97 (Alaska Ct. App. 2021), the court of appeals held that Alaska Professional Conduct Rule 3.3(a)(3) permits counsel to refuse to elicit witness testimony that counsel believes to be false, third-degree assault is not necessarily a lesser included offense of Continue Reading »
CRIMINAL LAW Emma Giusto In Dorsey v. State, 480 P.3d 1211 (Alaska Ct. App. 2021), the court of appeals held that the involuntary intoxication defense did not apply to an individual charged with sexual assault who claimed to be in a state of “transient mild delirium” due to a reaction to a prescription muscle relaxant, Continue Reading »
EMPLOYMENT LAW Clara Nieman In Metcalfe v. State, 484 P.3d 93 (Alaska 2021), the supreme court held that repeal of the statutory reinstatement right for former members of the public employee retirement benefits system diminished those members’ accrued benefits, in violation of the Alaska Constitution. (Id. at 95). Metcalfe was a former state employee who Continue Reading »
BUSINESS LAW Margot Graham In Ahmasuk v. State, Department of Commerce, Community & Economic Development, Division of Banking & Securities, 478 P.3d 665 (Alaska 2021), the supreme court held that a newspaper opinion letter submitted by a shareholder did not constitute a shareholder proxy solicitation mandating that the shareholder file the letter with the Alaska Continue Reading »
CRIMINAL PROCEDURE Sloane Bessey In Gosuk v. State, 484 P.3d 130 (Alaska Ct. App. 2021), the court of appeals held that a police-citizen contact can become an investigative stop due to repeated accusatory questioning and that when the State claims a consent exception to the warrant requirement it has the burden of proving that consent Continue Reading »
CRIMINAL PROCEDURE Melissa Gustafson In Phornsavanh v. State, 481 P.3d 1145 (Alaska Ct. App. 2021), the court of appeals held that when trial courts rule on motions for a new trial based on the weight of the evidence, they must independently weigh the evidence and use their discretion to make their own credibility determination about Continue Reading »
