Alaska Court of Appeals
|Alaska Court of Appeals|
Criminal appeals from the Alaska District Court can be taken to the Alaska Superior Court or to the court of appeals, at the option of the defendant. A defendant who appeals from district court to superior court can ask the court of appeals to review the resulting decision of the superior court, but the court of appeals may, in its discretion, refuse to hear the appeal.
The Court of Appeals' jurisdiction includes criminal prosecutions, post-conviction relief, juvenile delinquency, extradition, habeas corpus, probation and parole, bail, and the excessiveness or leniency of a sentence.
Judges on the court serve for renewable eight-year terms. They are chosen by the state's governor from a list recommended by the Alaska Judicial Council. The judges serve a minimum three-year term and then face retention elections thereafter.
There are three judges on the panel.
|Chief judge David Mannheimer||1990-2018||Gov. Steve Cowper|
|Judge Marjorie Allard||2012-2016||Gov. Sean Parnell|
|Judge Douglas Kossler||2013-2016||Gov. Sean Parnell|
To qualify for serve on the court, nominees must be a citizen of the United States, a state resident for five years or more, licensed to practice law in Alaska and have eight years of active legal practice.
|• Troopers investigation was too late at night (2015)||Click for summary→|
|Acting on a tip, Alaska State Troopers Rob Langendorfer and Kyle Young drove up Margaret Kelley's driveway around midnight on June 30, 2009, to see if they could smell an odor emitted by marijuana plants as they grow. They also obtained Kelley's utility bills to determine how much power she was using, as increased consumption could point to marijuana growth lights, but those records did not show any suspicious activity. Using the anonymous tip and their own investigatory smell of Kelley's property, the two Troopers were able to obtain a warrant to search Kelley's property. Inside her home, the Troopers found marijuana plants and arrested Kelley. She was charged with "four counts of fourth-degree misconduct involving a controlled substance."
Kelley's attorney filed a motion to suppress evidence obtained through the search, alleging that the investigatory smell was an illegal search of Kelley's property. Superior Court Judge Gregory Heath, however, ruled that the Troopers had the right to use public access ways to reach Kelley's property to investigate the tip they received.
Kelley appealed her conviction to the Alaska Court of Appeals and Judge Marjorie Allard wrote the opinion for the court. Relying heavily on a 2013 U.S. Supreme Court case, Allard borrowed from that case when she quoted that there are "clear temporal limits on the implied license for public access to a private residence." Further, she found that the state could offer no reason the Troopers had to conduct the investigation after midnight, instead of during the day. Ultimately, Allard found that the Troopers were not on Kelley's property legally and, as a result, Kelley's motion for suppression of evidence should have been granted. The court reversed the judgment of the Superior Court, in this case, Kelley's conviction.
- May vary for chief judge
- Alaska Court System, "Alaska Appellate Courts," accessed October 31, 2014
- American Judicature Society, "Methods of Judicial Selection: Alaska," archived October 2, 2014
- Courthouserecords.com, "Kelley v. State of Alaska," April 10, 2015
- Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
- Frontiersman, "Court tosses pot conviction," April 13, 2015
|Former||Robert Coats • Joel Bolger • David Stewart •|