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 »
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 »
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 »
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 »
CRIMINAL LAW / HEALTH LAW Supreme Court of Alaska (2022) Joseph Perry In Matter of A.S., 2022 WL 2965545 (Alaska 2022) (unpublished), the supreme court held that the testimony of a psychiatrist concerning a criminal defendant’s previous acts of violence and psychotic disorder provided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 »
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 »
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 Mary Beth Barksdale In State v. Powell, 487 P.3d 609 (Alaska Ct. App. 2021), the court of appeals held that a video of a forensic interview of a victim in a child sexual abuse and controlled substance case was inadmissible evidence as presented to a grand jury because the grand jury format was Continue Reading »
