Year In Review

Angasan v. State

Posted on June 30th, 2014

[CRIMINAL PROCEDURE] In Angasan v. State,[1] the supreme court held that a defendant seeking a new trial based on evidence not presented at trial must normally show that this evidence was not known and could not have been known through diligent inquiry at the time of trial.[2] Angasan filed a motion seeking a new trial, Continue Reading »

Williams v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Williams v. State,[1] the court of appeals held that parole, even if subject to restrictive parole conditions, is not “official detention.”[2] Williams, having been convicted of a felony, was ordered to reside at a community residential center (“CRC”) as a condition of his parole.[3] While being transported from one CRC to another, Continue Reading »

Welsh v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Welsh v. State,[1] the court of appeals held that restitution in criminal cases is limited to the amount of actual damages that result rather than the amount of the defendant’s unjust gain.[2] Welsh was convicted of third-degree theft after stealing medication from the clinic where she was employed.[3] The pills she stole Continue Reading »

Stepovich v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Stepovich v. State,[1] the supreme court held that merely attempting to hide evidence is not sufficient to support a conviction for attempted evidence tampering.[2] Stepovich and another man were standing in an alley behind a bar with their hands cupped leaning towards each other.[3] Both men were looking down into their hands Continue Reading »

State v. Silvera

Posted on June 30th, 2014

[CRIMINAL LAW] In State v. Silvera,[1] the court of appeals held that federal law does not preempt a three-judge sentencing panel’s authority to impose a sentence lower than the presumptive range after considering the “harsh collateral consequences” of deportation.[2] After reviewing Silvera’s case, a three-judge sentencing panel considered the non-statutory mitigating factor of deportation’s “harsh Continue Reading »

State v. Korkow

Posted on June 30th, 2014

[CRIMINAL LAW] In State v. Korkow,[1] the supreme court held that there is no legal presumption against a parole restriction beyond the statutory minimum.[2] Korkow was convicted of first-degree murder after stabbing his wife to death in front of his two young children.[3] The sentencing judge, after considering the severity of the case and Korkow’s Continue Reading »

Rofkar v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Rofkar v. State,[1] the court of appeals held that a charge for possessing or manufacturing marijuana should be merged with a conviction for maintaining a building for keeping their controlled substances under Alaska’s Double Jeopardy Clause.[2] In the lower court, Rofkar was convicted of three counts relating to the possession and manufacturing Continue Reading »

Martin v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Martin v. State,[1] the court of appeals held that police may obtain evidence upon which to base a search warrant by walking up to a residence and peering inside through a small break in a closed set of blinds.[2] After tailing a group of individuals who had just purchased some materials often Continue Reading »

Luckart v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Luckart v. State,[1] the supreme court held that when a defendant’s sentencing is referred to a three judge panel because it has been determined that the presumptive sentence would be manifestly unjust, the panel has authority to expand the prisoner’s parole eligibility.[2] After determining that sentencing Luckart within the presumptive range would Continue Reading »

Lewis v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Lewis v. State,[1] the court of appeals held that walking away from a halfway house in a non-violent and temporary manner could constitute a mitigating factor for the offense of escape in the second degree.[2] In 2010, Lewis was placed in Glenwood Center, a halfway house in Anchorage.[3] Shortly after his arrival, Continue Reading »

Year In Review

Angasan v. State

Posted on June 30th, 2014

[CRIMINAL PROCEDURE] In Angasan v. State,[1] the supreme court held that a defendant seeking a new trial based on evidence not presented at trial must normally show that this evidence was not known and could not have been known through diligent inquiry at the time of trial.[2] Angasan filed a motion seeking a new trial, Continue Reading »

Williams v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Williams v. State,[1] the court of appeals held that parole, even if subject to restrictive parole conditions, is not “official detention.”[2] Williams, having been convicted of a felony, was ordered to reside at a community residential center (“CRC”) as a condition of his parole.[3] While being transported from one CRC to another, Continue Reading »

Welsh v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Welsh v. State,[1] the court of appeals held that restitution in criminal cases is limited to the amount of actual damages that result rather than the amount of the defendant’s unjust gain.[2] Welsh was convicted of third-degree theft after stealing medication from the clinic where she was employed.[3] The pills she stole Continue Reading »

Stepovich v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Stepovich v. State,[1] the supreme court held that merely attempting to hide evidence is not sufficient to support a conviction for attempted evidence tampering.[2] Stepovich and another man were standing in an alley behind a bar with their hands cupped leaning towards each other.[3] Both men were looking down into their hands Continue Reading »

State v. Silvera

Posted on June 30th, 2014

[CRIMINAL LAW] In State v. Silvera,[1] the court of appeals held that federal law does not preempt a three-judge sentencing panel’s authority to impose a sentence lower than the presumptive range after considering the “harsh collateral consequences” of deportation.[2] After reviewing Silvera’s case, a three-judge sentencing panel considered the non-statutory mitigating factor of deportation’s “harsh Continue Reading »

State v. Korkow

Posted on June 30th, 2014

[CRIMINAL LAW] In State v. Korkow,[1] the supreme court held that there is no legal presumption against a parole restriction beyond the statutory minimum.[2] Korkow was convicted of first-degree murder after stabbing his wife to death in front of his two young children.[3] The sentencing judge, after considering the severity of the case and Korkow’s Continue Reading »

Rofkar v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Rofkar v. State,[1] the court of appeals held that a charge for possessing or manufacturing marijuana should be merged with a conviction for maintaining a building for keeping their controlled substances under Alaska’s Double Jeopardy Clause.[2] In the lower court, Rofkar was convicted of three counts relating to the possession and manufacturing Continue Reading »

Martin v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Martin v. State,[1] the court of appeals held that police may obtain evidence upon which to base a search warrant by walking up to a residence and peering inside through a small break in a closed set of blinds.[2] After tailing a group of individuals who had just purchased some materials often Continue Reading »

Luckart v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Luckart v. State,[1] the supreme court held that when a defendant’s sentencing is referred to a three judge panel because it has been determined that the presumptive sentence would be manifestly unjust, the panel has authority to expand the prisoner’s parole eligibility.[2] After determining that sentencing Luckart within the presumptive range would Continue Reading »

Lewis v. State

Posted on June 30th, 2014

[CRIMINAL LAW] In Lewis v. State,[1] the court of appeals held that walking away from a halfway house in a non-violent and temporary manner could constitute a mitigating factor for the offense of escape in the second degree.[2] In 2010, Lewis was placed in Glenwood Center, a halfway house in Anchorage.[3] Shortly after his arrival, Continue Reading »