CRIMINAL LAW Court of Appeals of Alaska (2023) Cara Shanahan In Cunningham v. State, 536 P.3d 739 (Alaska Ct. App. 2023), the court of appeals held that (1) to elevate second-degree indecent exposure to first-degree on the basis of a prior conviction in another jurisdiction, the defendant’s prior offense must have elements similar to those Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Johanna Crisman In Baines v. State, 535 P.3d 899 (Alaska Ct. App. 2023), the court of appeals held that the questionable admission of showup identifications are not grounds to reverse conviction if remaining evidence is sufficient to support the jury’s verdict. (Id.) Baines was convicted following a Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Sammy Sawyer In Esguerra v. State, 536 P.3d 241 (Alaska Ct. App. 2023), the court of appeals held that the State is not precluded from pursuing criminal charges under the doctrines of res judicata and collateral estoppel when the State failed to prove those same charges in Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Katie Raya In Mack v. State, 523 P.3d 1235 (Alaska Ct. App. 2023), the court of appeals held that an appellate attorney has a duty to consult with their client regarding the possibility of filing an appeal or petition for hearing, and that the failure to consult Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Shaun Thompson In Clayton v. State, 535 P.3d 909 (Alaska Ct. App. 2023), the court of appeals held that erroneous statements comprising only a small part of an expert’s testimony did not render a trial fundamentally unfair in violation of due process. (Id. at 920). In 1987, Continue Reading »
CRIMINAL LAW Court of Appeals of Alaska (2023) Sammy Sawyer In Tommy v. State, 531 P.3d 365 (Alaska Ct. App. 2023), the court of appeals held that the requirement that a defendant must provide express consent for magistrate judges to preside over misdemeanor criminal cases is not waived by defense counsel not raising the issue Continue Reading »
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 »
