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Isadore v. State (6/17/2016) ap-2503

Isadore v. State (6/17/2016) ap-2503


                The text            of   this opinion can be corrected before the opinion is published in the                                              

                Pacific Reporter                   .   Readers are encouraged to bring typographical or other formal                                               

                errors to the attention of the Clerk of the Appellate Courts:    

                                                            303 K Street, Anchorage, Alaska  99501  

                                                                                Fax:  (907) 264-0878  

                                                                  E-mail:  corrections@  

                                  IN THE COURT OF APPEALS OF THE STATE OF ALASKA                                                                      



                                                                                                                        Court of Appeals No. A-12537  


                                                               Petitioner,                                            Trial Court No. 3KO-16-042 CR  


                                                                                                                                        O  P  I  N  I  O  N  



                                                               Respondent.                                                  No. 2503 - June 17, 2016  


                                Petition for  Review from the  Superior  Court,  Third Judicial  



                                District, Kodiak, Steve W. Cole, Judge.  


                                Appearances:  Emily Jura, Assistant Public Defender, Kodiak,  


                                and  Quinlan  Steiner,  Public  Defender,  Anchorage,  for  the  


                                Petitioner.  Stephen B. Wallace, District Attorney, Kodiak, and  


                                Craig           W.          Richards,                 Attorney                General,                Juneau,              for         the  




                                Before:  Mannheimer, Chief Judge, and Allard, Judge.  


                                Judge MANNHEIMER.  


                                Justin Patrick Isadore challenges the conditions of his bail.                                                                                  Isadore   has  

satisfied his bail conditions, and he has been released from custody, but he argues that                                                                                                           

the amount of monetary bail imposed by the superior court is excessive.                                                                                                    

----------------------- Page 2-----------------------


                     Although Isadore has designated this case as an "appeal", it is  instead a  


petition for review.  


                     Bail orders are interlocutory orders,  not final orders.                             And  normally,  a  


litigant has no right to "appeal" an interlocutory order - that is, no right to require that  


an  appellate  court  review  the  challenged  order.                             Instead,  under  Alaska  Appellate  


Rule 402,  a litigant may petition  an appellate court to review an interlocutory order  


issued by a lower court - but the appellate court may,  in its discretion,  decline to  


exercise its power of review.  


                     (We discussed this point of law in Rozkydal v. State, 938 P.2d 1091, 1094  


(Alaska App.  1997),  and again most  recently in Mund v.  State,  325 P.3d 535,  540  


(Alaska App. 2014).)  


                     Sometimes the legislature will enact a statute that grants litigants a right of  


appeal with respect to particular non-final orders.   The bail appeal statute, AS 12.30.- 


030(a),  is  such a statute:  it grants defendants the right to appeal a trial court's order  


setting their bail conditions.  But this right of appeal is limited to defendants who remain  


in custody following the lower court's decision:  



                               Appeal from conditions of release .   ...   If a person  


                     remains in custody  after [the bail] review provided for in  


                     AS 12.30.006(c) or (d), an appeal may be taken to the court  


                     having  appellate  jurisdiction  over  the  court  imposing  the  


                     [bail] conditions.  


(Emphasis added)  


                     Isadore has been released from custody, so he is not entitled to appeal his  


bail conditions.  That is, he is not entitled to demand that this Court review the conditions  


of his bail.  

                                                               - 2 -                                                          2503

----------------------- Page 3-----------------------

                                               Nevertheless, Isadore is entitled to petition this Court to                                                                                                                                             review the trial                          

court's bail decision.                                                     In  State v. Browder                                                    , 486 P.2d 925, 929-931 (Alaska 1971), the                                                                                                     

supreme court held that                                                                 when   a   litigant wishes to raise an issue that lies within an                                                                                                                                            

appellate court's jurisdiction, but the litigant has no right of appeal, the litigant can still                                                                                                                                                                                                  

pursue a petition for review.                                                                         Thus, Isadore may petition this Court to review his bail                                                                                                                                   

conditions - a review that this Court may, in its discretion, deny.  


                                               This Court has reviewed Isadore's petition and the State's response.                                                                                                                                                                    Based  

on our review of those pleadings, Isadore's petition for bail review is DENIED.  


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