Criminal Law

United States v. Kirst

Posted on April 26th, 2023

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 »

State v. Graham

Posted on April 26th, 2023

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 »

State, Department of Corrections. v. Stefano

Posted on April 26th, 2023

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 »

Jones-Nelson v. State

Posted on April 26th, 2023

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 »

Frankson v. State

Posted on December 21st, 2022

CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Couillard In Frankson v. State, 518 P.3d 743 (Alaska Ct. App. 2022), the court of appeals held that a trial court may consider an aggravating factor based on a defendant’s prior conviction when deciding whether to reject a sentencing agreement as too lenient. (Id. at 746). Continue Reading »

Foy v. State

Posted on December 21st, 2022

CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Brooks In Foy v. State, 515 P.3d 659 (Alaska Ct. App. 2022), the court of appeals held that a defendant cannot raise a claim of prosecutorial vindictiveness after entering a guilty plea, unless the vindictiveness of the prosecution was apparent on the record at the time Continue Reading »

McGraw v. State

Posted on December 21st, 2022

CRIMINAL LAW Court of Appeals of Alaska (2022) Sam MacDuffie In McGraw v. State, 512 P.3d 994 (Alaska Ct. App. 2022), the court of appeals held that when analyzing the validity of search under the probation search exception, a court may only consider information known to the probation officer at the time he or she Continue Reading »

Matter of A.S.

Posted on December 21st, 2022

CRIMINAL LAW / HEALTH LAW Supreme Court of Alaska (2022) Joseph Perry In Matter of A.S., 2022 WL 2965545 (Alaska 2022) (unpublished), the supreme court held that the testimony of a psychiatrist concerning a criminal defendant’s previous acts of violence and psychotic disorder provided adequate evidence that the defendant posed a harm to themselves or Continue Reading »

Foy v. State

Posted on December 21st, 2022

CRIMINAL LAW Court of Appeals of Alaska (2022) Connor Sakati In Foy v. State, 513 P.3d 1085 (Alaska Ct. App. 2022), the Court of Appeals held that, to sustain a first-degree assault conviction, the State must prove beyond a reasonable doubt that an offender used a dangerous weapon to cause a serious physical injury, which required Continue Reading »

Nelson v. State

Posted on December 21st, 2022

CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Brooks In Nelson v. State, 512 P.3d 86 (Alaska Ct. App. 2022), the court of appeals held that when the State fails to notify a person accused of driving under the influence of their right to an independent chemical test and no state-conducted test exists, the Continue Reading »

Criminal Law

United States v. Kirst

Posted on April 26th, 2023

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 »

State v. Graham

Posted on April 26th, 2023

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 »

State, Department of Corrections. v. Stefano

Posted on April 26th, 2023

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 »

Jones-Nelson v. State

Posted on April 26th, 2023

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 »

Frankson v. State

Posted on December 21st, 2022

CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Couillard In Frankson v. State, 518 P.3d 743 (Alaska Ct. App. 2022), the court of appeals held that a trial court may consider an aggravating factor based on a defendant’s prior conviction when deciding whether to reject a sentencing agreement as too lenient. (Id. at 746). Continue Reading »

Foy v. State

Posted on December 21st, 2022

CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Brooks In Foy v. State, 515 P.3d 659 (Alaska Ct. App. 2022), the court of appeals held that a defendant cannot raise a claim of prosecutorial vindictiveness after entering a guilty plea, unless the vindictiveness of the prosecution was apparent on the record at the time Continue Reading »

McGraw v. State

Posted on December 21st, 2022

CRIMINAL LAW Court of Appeals of Alaska (2022) Sam MacDuffie In McGraw v. State, 512 P.3d 994 (Alaska Ct. App. 2022), the court of appeals held that when analyzing the validity of search under the probation search exception, a court may only consider information known to the probation officer at the time he or she Continue Reading »

Matter of A.S.

Posted on December 21st, 2022

CRIMINAL LAW / HEALTH LAW Supreme Court of Alaska (2022) Joseph Perry In Matter of A.S., 2022 WL 2965545 (Alaska 2022) (unpublished), the supreme court held that the testimony of a psychiatrist concerning a criminal defendant’s previous acts of violence and psychotic disorder provided adequate evidence that the defendant posed a harm to themselves or Continue Reading »

Foy v. State

Posted on December 21st, 2022

CRIMINAL LAW Court of Appeals of Alaska (2022) Connor Sakati In Foy v. State, 513 P.3d 1085 (Alaska Ct. App. 2022), the Court of Appeals held that, to sustain a first-degree assault conviction, the State must prove beyond a reasonable doubt that an offender used a dangerous weapon to cause a serious physical injury, which required Continue Reading »

Nelson v. State

Posted on December 21st, 2022

CRIMINAL LAW Court of Appeals of Alaska (2022) Sarah Brooks In Nelson v. State, 512 P.3d 86 (Alaska Ct. App. 2022), the court of appeals held that when the State fails to notify a person accused of driving under the influence of their right to an independent chemical test and no state-conducted test exists, the Continue Reading »