CRIMINAL LAWCourt of Appeals of Alaska (2022)Flora LipskyIn Ambacher v. State, 521 P.3d 604 (Alaska Ct. App. 2022), the court of appeals held that drivingtwenty to thirty miles per hour above the speed limit and briefly crossing the median did notconstitute a gross deviation from the standard of care a reasonable driver would observe, and,therefore, Continue Reading »
CRIMINAL LAWCourt of Appeals of Alaska (2022)Sam MacDuffieIn Skupa v. State, 520 P.3d 1184 (Alaska Ct. App. 2022), the court held that restitution may beimposed by a court upon a preponderance of the evidence and need not be found by a jury beyonda reasonable doubt. (Id. at 1191). Skupa was a criminal defendant charged with Continue Reading »
CRIMINAL LAW / CRIMINAL PROCEDURECourt of Appeals of Alaska (2022)Joseph PerryIn Perez v. State, 521 P.3d 592 (Alaska Ct. App. 2022), the court of appeals held that a trial courthas an affirmative duty to act when it becomes clear that a criminal defendant has not been assignedan attorney, but that a defendant may consent to Continue Reading »
CRIMINAL LAWSupreme Court of Alaska (2022)Anighya CrockerIn Nordlund v. State, Department of Corrections, 520 P.3d 1178 (Alaska 2022), the supreme courtheld that disciplinary decisions by the Department of Corrections will not be set aside unless theprisoner can show that his procedural due process rights were prejudiced by the proceedingsagainst him. (Id. at 1180). A prisoner Continue Reading »
CRIMINAL LAWSupreme Court of Alaska (2022)Connor SakatiIn McDonald v. State, Department of Corrections, 519 P.3d 345 (Alaska 2022), the supreme courtheld that an inmate’s request for a court order that the Parole Board reconsider denyingdiscretionary parole should be brought as an application for post–conviction relief, not a civillawsuit. (Id. at 345). However, the court also Continue Reading »
CRIMINAL LAWSupreme Court of Alaska (2022)Joseph PerryIn Ray v. State, 513 P.3d 1026 (Alaska 2022), the supreme court held that a defendant who hasviolated probation set out in a plea agreement does not have the right to reject further probationand serve a sentence of active imprisonment only. (Id. at 1029). Following his arrest, Ray entereda Continue Reading »
CRIMINAL LAWUnited States Court of Appeals, Ninth Circuit (2022)Scott AndersonIn United States v. Kirst, 54 F.4th 610 (9th Cir. 2022), the Ninth Circuit held that an agencyinvestigation is a “proceeding” within the definition of a federal criminal statute even when theinvestigating agency does not have the authority to enforce the law. (Id. at 621). A Continue Reading »
CRIMINAL LAWSupreme Court of Alaska (2022)Elza BouhassiraIn State v. Graham, 513 P.3d 1046 (Alaska 2022), the supreme court held that a drunk driver’ssentence should be vacated because the court failed to preview and edit tribute videos beforeplaying them at the sentencing hearing. (Id. at 1071). A drunk driver lost control of his truck andkilled two Continue Reading »
CRIMINAL LAWSupreme Court of Alaska (2022)Anighya CrockerIn State, Department of Corrections. v. Stefano, 516 P.3d 486 (Alaska 2022), the supreme courtheld that, even though being removed from electronic monitoring does not implicate theconstitutional right to rehabilitation, an inmate released on electronic monitoring has a libertyinterest protected by the due process guarantee of the Alaska constitution Continue Reading »
CRIMINAL LAWSupreme Court of Alaska (2022)Scott AndersonIn Jones–Nelson v. State, 512 P.3d 665 (Alaska 2022), the supreme court held that an inaccuratejury instruction was not harmless error when it incorrectly described the reasonablenessrequirement for self–defense and improperly distinguished between different degrees of deadlyforce. (Id. at 676–78). The suspect, Jones–Nelson, was at a party and confronted Continue Reading »
