Sec. 22.07.020. Jurisdiction.

453 words·~2 min read·/ak/title-22/chapter-7/22-07-020

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The court of appeals has appellate jurisdiction in actions and proceedings commenced in the superior court involving

(1)criminal prosecution;

(2)post-conviction relief;

(3)matters under AS 47.12 , including waiver of jurisdiction over a minor under AS 47.12.100 ;

(4)extradition;

(5)habeas corpus;

(6)probation and parole; and

(7)bail.

(b)Except as limited in AS 12.55.120 , the court of appeals has jurisdiction to hear appeals of unsuspended sentences of imprisonment exceeding two years for a felony offense or 120 days for a misdemeanor offense imposed by the superior court on the grounds that the sentence is excessive, or a sentence of any length on the grounds that it is too lenient. The court of appeals, in the exercise of this jurisdiction, may modify the sentence as provided by law and the Constitution of the State of Alaska.

(c)The court of appeals has jurisdiction to review

(1)a final decision of the district court in an action or proceeding involving criminal prosecution, post-conviction relief, extradition, probation and parole, habeas corpus, or bail; and

(2)the final decision of the district court on a sentence imposed by it if the sentence exceeds 120 days of unsuspended incarceration for a misdemeanor offense. In this subsection, “final decision” means a decision or order, other than dismissal by consent of all parties, that closes a matter in the district court.

(d)An appeal to the court of appeals is a matter of right in all actions and proceedings within its jurisdiction except that

(1)the right of appeal to the court of appeals is waived if an appellant chooses to appeal the final decision of the district court to the superior court; and

(2)the state's right of appeal in criminal cases is limited by the prohibitions against double jeopardy contained in the United States Constitution and the Alaska Constitution.

(e)The court of appeals may in its discretion

(1)review a final decision of the superior court on an appeal from a district court in an action or proceeding involving criminal prosecution, post-conviction relief, extradition, probation and parole, habeas corpus or bail;

(2)review the final decision of the superior court on appeal of a sentence imposed by the district court. In this subsection, “final decision” means a decision or order, other than a dismissal by consent of all parties, that closes a matter in the superior court.

(f)The court of appeals may issue injunctions, writs, and all other process necessary for the complete exercise of its jurisdiction.

(g)A final decision of the court of appeals is binding on the superior court and on the district court unless superseded by a decision of the supreme court.