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Alaska Constitutional Law Questions & Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Alaska on

Q: So, the police in my city took my firearm as evidence back in december and the prosecutor sent them the release in Jan.

The detective still will not release my firearm when I am the owner of it and no crime was commited. What do I need to do to get my property back?

Timothy Denison answered on Apr 16, 2018

Send the detective a certified letter requesting release of the property or the reasons why the property is not being released. If there is no response, you should contact a lawyer and have him send a letter prior to filing suit.

1 Answer | Asked in Business Law and Constitutional Law for Alaska on

Q: Do states that allow businesses that are illegal federally, violating any law by restricting stakeholders to be resident

Terrence H Thorgaard answered on Dec 18, 2016

You are perhaps referring to the Alaska laws allowing the sale of marijuana by certain regulated companies? Generally the constitutionality of state laws, such as these, restricting the transaction of certain business to Alaska residents would have to be litigated on a case-by-case basis.

1 Answer | Asked in Criminal Law and Constitutional Law for Alaska on

Q: Rule 403 Exluding Relevant Evidence

Senerio: A and B trespass. C asks them to leave and they refuse. C leaves and returns with D who has a shotgun. D tells A and B to leave and they do but file a false report saying D pointed gun at them. During trial A and B are allowed to take the stand and state what D said and did (all of... Read more »

Terrence H Thorgaard answered on Aug 21, 2016

First, I disagree that C's offered testimony should have been excluded as hearsay. What A & B may have said was not offered (I suspect) for the truth of what they said, but rather for what they said. If, for example, A (according to C) said "I am going to get my gun and kill you, C", the... Read more »

1 Answer | Asked in Constitutional Law for Alaska on

Q: Motor Coach V. Chicago 169 NE 22 andMaranda V. Arizona 384 US 436, 491. Do these cases rule that it is a right to drive

Robert Jason De Groot answered on Oct 17, 2015

I would have to read the first one mentioned in order to say what the ruling is. But it certainly would not be that there is a right to drive, that is a privilege.

1 Answer | Asked in Constitutional Law and Entertainment / Sports for Alaska on

Q: Do I have grounds to appeal

My son dis-enrolled from 2 of his 5 classes at his High School so he can do the 2 classes online. The school was under the impression that he was completely dis-enrolled. One of the admins was given a list of lockers of students they thought were dis-enrolled to reset the locks. My sons was one of... Read more »

Robert Jason De Groot answered on Sep 18, 2015

Perhaps speaking with his coach will help. Have you read all there is to read about the school policies regarding these matters?

1 Answer | Asked in Constitutional Law for Alaska on

Q: Does the tenth amendment allow states to pass laws respecting the establishment of a religion?

Terrence H Thorgaard answered on Aug 11, 2015

Strictly speaking, yes; but the Fourteenth Amendment has been deemed to prohibit such state action. And, of course, it's the First Amendment, not the Tenth Amendment, which restricts Congress' power to enact legislation respecting an establishment of religion.

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