Justia Alaska Supreme Court Opinion Summaries

In three criminal cases consolidated for appeal, each defendant sought to introduce expert testimony by a polygraph examiner that the defendant was truthful when he made exculpatory statements relating to the charges against him during a polygraph examination conducted using the “comparison question technique” (CQT). In two of the cases, the superior courts found that testimony based on a CQT polygraph examination satisfied the requirements for scientific evidence under Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Alaska v. Coon, 974 P.2d 386 (Alaska 1999). In the third case, the superior court reached the opposite conclusion and found the evidence inadmissible. The issue these cases presented for the Alaska Supreme Court's review centered on the appellate standard of review for rulings on the admissibility of scientific evidence and to determine the admissibility of CQT polygraph evidence. The Court concluded that appellate review of Daubert/Coon determinations should be conducted under a hybrid standard: the superior court’s preliminary factual determinations should be reviewed for clear error; based on those findings and the evidence available, whether a particular scientific theory or technique has been shown to be “scientifically valid” under Daubert and Coon is a question of law to which the Court applies its independent judgment; and where proposed scientific evidence passes muster under that standard, the superior court’s case-specific determinations and further evidentiary rulings are reviewed for abuse of discretion. Applying this standard here, the Supreme Court concluded that CQT polygraph evidence had not been shown to be sufficiently reliable to satisfy the Daubert/Coon standard. View "Alaska v. Sharpe" on Justia Law

Christopher Hess was convicted by jury of second and third degree assault. He appealed, arguing that the superior court committed plain error by not addressing improper statements in the prosecutor’s closing arguments. The court of appeals affirmed Hess’s convictions and held that, although some of the prosecutor’s statements were improper, they did not undermine the trial’s fundamental fairness. The Alaska Supreme Court determined the comments at issue here "affected important rights that could affect the fundamental fairness of the proceeding. The prosecutor suggested that the jury should consider his personal opinion of defense attorneys and Hess’s defense strategy. The prosecutor’s attack on the defense strategy and defense counsel was inappropriate, the comments were of no probative value, and they created a high potential for unfair prejudice." Because these statements were plain error, the Supreme Court reversed Hess' convictions and remanded for a new trial. View "Hess v. Alaska" on Justia Law

Conar Groppel was charged with first- and second-degree murder, manslaughter, first- and second-degree arson, first-degree criminal mischief, first-degree burglary, and evidence tampering. Groppel notified the superior court he intended to rely on the defense of diminished capacity, and pursuant to AS 12.47.070(a) the court was required to appoint at least two qualified psychiatrists or board-certified forensic psychologists to examine him and report upon his mental condition. Groppel also moved for a competency and culpability examination. This case presented questions regarding to whom these experts served, how they were to be chosen, and who had bear their costs. The Alaska Supreme Court answered that these were the court’s experts, that Alaska Psychiatric Institute (API) had to provide them if API did not employ such qualified experts, then the superior court had to appoint qualified experts and the Alaska Court System had bear their costs. View "Alaska v. Groppel" on Justia Law

Stacey Graham pleaded guilty to second-degree murder after striking and killing two pedestrians while driving intoxicated. He was sued by the victims’ families. Graham appealed his sentence, arguing he could assert the privilege against self-incrimination in response to the families’ discovery requests based on: (1) his criminal sentence appeal; and (2) the possibility that he might file an application for post-conviction relief if his sentence was upheld. The Alaska Supreme Court concluded Graham could assert the privilege against self-incrimination in the civil proceeding based on the possibility that the decision on his pending sentence appeal might require a new sentencing proceeding where his compelled testimony in the civil proceeding could be used to his disadvantage. The Supreme Court declined to decide whether Graham was entitled to assert the privilege based on the possibility that he might eventually file an application for post-conviction relief because that issue was not ripe for review. View "Graham v. Durr" on Justia Law

A mother appealed the termination of her parental rights to her son on findings of abandonment, mental injury, neglect and parental substance abuse. The mother challenged none of the superior court’s factual findings; rather, she alleged the court violated her due process rights during the termination trial by: (1) prejudging the case; (2) improperly assuming the role of a prosecutor while examining witnesses; and (3) relying on research and evidence outside the record to impeach witnesses and disregard testimony favorable to her. Asserting that the court’s actions deprived her of the right to an impartial decision-maker and amounted to structural error, she sought reversal and remand before a different judge. Although the Alaska Supreme Court agreed the court took inappropriate action with respect to witness testimony and other evidence regarding one issue at the trial, the Supreme Court concluded this did not amount to structural error and that it did not otherwise undercut the unrelated findings supporting the termination of the mother’s parental rights. View "Sarah A. v. Alaska, Dept. of Health & Social Services, Office of Children's Services" on Justia Law

Appellant Ronda Marcy, resident of Matanuska-Susitna Borough, filed suit against the borough and citizens who had sponsored a borough ballot initiative prohibiting commercial marijuana businesses. The suit, filed 32 days before the borough election, sought declaratory and injunctive relief that the initiative was unconstitutional and unlawful and should be removed from the election ballot. Given the imminent election, the superior court ordered the case held in abeyance pending the initiative vote’s outcome. After borough voters rejected the initiative, the court dismissed the case as moot. Marcy appealed, arguing the merits of her declaratory judgment claim should have been heard under the public interest exception to the mootness doctrine and that the superior court issued procedurally defective orders, violated her due process rights, and erroneously awarded attorney’s fees against her. The Alaska Supreme Court affirmed the superior court because it did not abuse its discretion in its procedural decisions; the resident’s due process rights were not violated; the Court declined to invoke the public interest exception to address the moot claims; and the resident failed to properly bring her attorney’s fees appeal. View "Marcy v. Matanuska-Susitna Borough" on Justia Law

Alaska inmate David Simmons refused to provide a DNA sample for Alaska’s DNA identification registration system pursuant to a statutory requirement that persons convicted of certain crimes provide a DNA sample for the system. Refusal to submit a sample constituted a felony; for refusing the sample, he was charged with an infraction in a prison disciplinary hearing and found guilty. He appealed to the superior court, which affirmed. Simmons appealed to the Alaska Supreme Court, arguing primarily that the crimes for which he was found guilty and incarcerated occurred before the effective date of the DNA identification registration system, and the DNA sample requirement either was not retrospective or, if it was, violated the ex post facto clauses of the Alaska and U.S. Constitutions. A secondary issue raised by Simmons' appeal pertained to counsel in disciplinary proceedings. Because the inmate was charged with a disciplinary infraction constituting a felony, under Alaska case law he had the right to counsel in his disciplinary hearing. The Department of Corrections refused to provide him counsel for his hearing. The superior court ruled that although the denial of counsel violated the inmate’s constitutional rights, the violation did not prejudice his ability to have a fair hearing. Rejecting Simmons' contentions with respect to the sample-felony, and finding no other reversible error, the Supreme Court affirmed the superior court’s decisions. View "Simmons v. Alaska, Dept. of Corrections" on Justia Law

After an involuntary commitment trial, the superior court issued an order committing respondent Darren M. to the Alaska Psychiatric Institute (API) for 90 days. He appealed, arguing the jury was incorrectly instructed on the unanimity requirement relating to a finding of grave disability. He also argued the court erred in finding there was sufficient evidence that his condition would improve with treatment to support an involuntary commitment order. On the second issue, respondent's appeal raised questions regarding the applicable legal standard. The Alaska Supreme Court concluded any error in the jury instructions was invited error, that the superior court applied the correct legal standard regarding respondent’s chance of improvement, and that the court’s finding on that issue was supported by the record and not clearly erroneous. View "In Re Darren M." on Justia Law

Frank Griswold twice appealed the Homer Advisory Planning Commission’s approval of a conditional use permit to the Homer Board of Adjustment and later appealed the Board’s second decision to the superior court, which sua sponte dismissed his appeal for lack of standing. Because Griswold did not have notice that his standing was at issue, his due process rights were violated. The Alaska Supreme Court therefore reversed and remanded for the superior court to decide his appeal on the merits. View "Griswold v. Homer Board of Adjustment" on Justia Law

After prevailing against the City of Kodiak on a Public Records Act claim, Kodiak Public Broadcasting Corporation (known by the call letters of its radio station, KMXT) was awarded full attorney’s fees under AS 09.60.010(c)(1), which provided for attorney’s fees to a claimant who prevails in asserting, protecting, or enforcing a constitutional right. The City appealed, arguing that KMXT’s claim was statutory rather than constitutional, that the award included fees which were not necessarily and reasonably incurred, and that the award erroneously included municipal sales tax on attorney’s fees. The Alaska Supreme Court agreed the court erred in granting KMXT full attorney’s fees as a constitutional claimant and reversed the award of attorney’s fees and remanded for a fee award pursuant to Alaska Civil Rule 82 instead. The Court also agreed that it was error to include sales tax in the fee award, and direct the superior court on remand to exclude sales tax from its revised fee award. View "City of Kodiak v. Kodiak Public Broadcasting Corporation" on Justia Law