CRIMINAL LAW Emma Giusto In Dorsey v. State, 480 P.3d 1211 (Alaska Ct. App. 2021), the court of appeals held that the involuntary intoxication defense did not apply to an individual charged with sexual assault who claimed to be in a state of “transient mild delirium” due to a reaction to a prescription muscle relaxant, Continue Reading »
CRIMINAL LAW Matthew Naiman In Kangas v. State, the court of appeals held that judges may instruct a jury that mental state may be inferred from circumstantial evidence. A jury convicted Kangas to two 99-year consecutive sentences for the intentional killing of two state troopers whom he knew to be acting in performance of their Continue Reading »
CRIMINAL LAW Andrew Webb In Karrv. State, the court of appeals held that the Covid-19 pandemic constituted new information for the purposes of considering a second or subsequent bail review hearing. James Karr, Darrell Sam, and Erwin Nashoanak each appealed their denial for applications for a second or subsequent bail review hearing after the superior Continue Reading »
CRIMINAL LAW Andrew Webb In Powell v. State, the court of appeals held that, in light of new case law, a Rule 60(b) motion may be filed to challenge erroneous procedural rulings in post-conviction relief proceedings, but final judgments are not entitled to relief based on prospective application of new case law. Following a jury Continue Reading »
CRIMINAL LAW Daisy Gray Johnson v. Municipality of Anchorage In Johnson v. Municipality of Anchorage, 475 P.3d 1128 (Alaska Ct. App. 2020), the court of appeals held that although a judge’s prior service as a municipal prosecutor did not disqualify her from presiding over a criminal case, her prior service as a municipal prosecutor Continue Reading »
CRIMINAL JUSTICE Kristen M. Renberg, PhD Chinuhuk v. State In Chinuhuk v. State, 472 P.3d 511 (Alaska 2020), the supreme court held that trial courts do not have the discretion to reduce probation if an offender was previously sentenced to the statutory minimum period of probation because the legislature intended for a sex offender’s Continue Reading »
CRIMINAL JUSTICE Mike Keramidas Akelkok v. State In Akelkok v. State, 475 P.3d 1136 (Alaska Ct. App. 2020), the court of appeals held that the trial court did not violate Charles Akelkok’s due process rights through its efforts to have Annie Sergie testify. (Id. at 1142). Akelkok was convicted of third-degree assault for attacking Continue Reading »
CRIMINAL JUSTICE Mike Keramidas Ahvakana v. State In Ahvakana v. State, 475 P.3d 1118 (Alaska Ct. App. 2020), the court of appeals held that Ahvakana’s attorney provided him incompetent advice and remanded the case to determine if the advice prejudiced Ahvakana. (Id at 1124, 1126). Ahvakana was indicted with, inter alia, first-degree assault and Continue Reading »
In Adams v. State,[1] the court of appeals held that the prosecutor’s closing argument was improper because she incorrectly led the jury to believe that the judge could fix an errant verdict. During closing argument of Adams’ murder trial, the defense attorney compared the “reasonable doubt” standard to the level of confidence in making the Continue Reading »
In Allison v. State,[1] the court of appeals held that the trial court committed prejudicial error in excluding evidence regarding the alleged victim’s potential Ehlers-Danlos Syndrome (EDS) in defendant’s second-degree murder trial. Clayton Allison was charged with manslaughter, criminally negligent homicide, and second-degree murder after his 15-month old daughter, J.A., suffered a fatal injury while Continue Reading »
