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 »
CRIMINAL LAW Mary Beth Barksdale In Baer v. State, 499 P.3d 1037 (Alaska Ct. App. 2021), the court of appeals held that a conviction for second-degree theft was proper where a social security card was stolen, that admission of evidence from the initial theft of the card was not clear error, and that special probation Continue Reading »
CRIMINAL LAW Peter Graham In Collins v. State, 494 P.3d 60 (Alaska Ct. App. 2021), the Court of Appeals held that the 2013 session law amending the provisions of AS 12.55.125 to establish significantly higher presumptive sentencing ranges for offenders convicted of sexual felonies was a clarification rather than a modification of the statute; therefore, Continue Reading »
CRIMINAL LAW Peter Graham In Williams v. State, 486 P.3d 1134 (Alaska Ct. App. 2021), the Court of Appeals affirmed a conviction of second-degree sexual assault. (Id. at 1135). Williams was convicted of second-degree sexual assault following a jury trial in the Superior Court, First Judicial District, Juneau. (Id.). Williams raised four issues on appeal. Continue Reading »
CRIMINAL LAW Emma Giusto In Williams v. State, 480 P.3d 95 (Alaska Ct. App. 2021), the court of appeals held that joint involvement by both spouses in the criminal or fraudulent activity is not required for the crime-fraud exception to confidential marriage communications to apply. (Id. at 97). Williams and his girlfriend went to the Continue Reading »
CRIMINAL LAW Megan Mason Dister In Stacy v. State, 500 P.3d 1023 (Alaska 2021), the supreme court held that under Brady v. Maryland, 373 U.S. 83 (1963) and Alaska law, prosecutors have a duty to take steps to learn about favorable material possessed by the prosecution and in personnel files. (Stacy, 500 P.3d at 1026-27). Continue Reading »
CRIMINAL LAW Margot Graham In Simpson v. State, 489 P.3d 1181 (Alaska Ct. App. 2021), the court of appeals held that the investigatory stop and breath test of the defendant were warranted and that the defendant’s convictions should not be merged (Id. at 1186, 1188.). Responding to a call from Simpson’s girlfriend, officers found Simpson Continue Reading »
CRIMINAL LAW Maddie Ayer In Sherwood v. State, 493 P.3d 230 (Alaska Ct. App. 2021), the court of appeals held that the lower court erred in dismissing the defendant’s application for post-conviction relief, because it was plain error for the court to accept the defendant’s attorney’s certificate of no arguable merit when the attorney had Continue Reading »
CRIMINAL LAW Adam Beyer In Seaman v. State, 499 P.3d 1028 (Alaska Ct. App. 2021), the court of appeals held that the eligibility date for discretionary parole is not determined by deducting good time credit from the active term of imprisonment. (Id. at 1030). The case arose after an inmate serving seventy-year sentence challenged the Continue Reading »
CRIMINAL LAW Hannah Rogers In Peterson v. Municipality of Anchorage, 500 P.3d 314 (Alaska Ct. App. 2021), the court of appeals held that a court cannot rely on uncharged conduct as the basis for a restitution order but can rely on that same conduct in crafting a term of imprisonment. (Id. at 325). Peterson, driving Continue Reading »
