CRIMINAL LAW Court of Appeals of Alaska (2023) Johanna Crisman In Morrissette v. State, 524 P.3d 803 (Alaska Ct. App. 2023), the court of appeals held the State met its burden to reach a first-degree murder conviction of Morrissette and that the sentence was reasonable given the record. (Id. at 808). Morrissette was convicted of Continue Reading »
CRIMINAL LAW, HEALTH LAW Court of Appeals of Alaska (2023) Katie Raya In Choi v. State, 528 P.3d 463 (Alaska Ct. App. 2023) the court of appeals held that a personal care assistant convicted of medical assistance fraud was not entitled to an offset of the restitution damages for the value of services they provided Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Olivia Wagner In Bowen v. State, 533 P.3d 935 (Alaska Ct. App. 2023), the court of appeals held that attempted fourth-degree misconduct involving a controlled substance was not a qualifying predicate conviction under a felony enhancement statute. (Id. at 937). Alaska Statute 11.71.050(a)(4) criminalizes the simple possession Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Cindy Cheng In Morgan v. State, 523 P.3d 1254 (Alaska Ct. App. 2023), the court of appeals held that the State must show that offenders’ conviction under municipal ordinance has elements similar to those of fourth-degree assault to elevate a fourth-degree assault to a third-degree assault. (Id. Continue Reading »
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 »
