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Legal Opinion

State v. Eluska

Court of Appeals of Alaska

Decided April 12, 1985No. A-210PublishedCited by 6 opinions

1Opinion of the Court

OPINION

SINGLETON, Judge.

The state appeals the district court’s dismissal of misdemeanor charges against David Eluska. Eluska was charged with possessing illegally taken game in violation of 5 AAC 81.320(6) 1 and 5 AAC 81.140(a). 2 Eluska sought dismissal of the charges on the ground that 5 AAC 81.320(6) was unenforceable against him because he was a subsistence hunter and the regulation failed to adequately provide for subsistence hunting. See AS 16.05.255(b); AS 11.81.-220; AS 44.62.030. 3 Acting District Court Judge Roy H. Madsen found that the deer was taken to satisfy the subsistence…

2Cases cited11 opinions

  1. Davis v. United StatesSupreme Court of the United States · 1973
  2. Zobel v. WilliamsSupreme Court of the United States · 1982
  3. Kelly v. ZamarelloAlaska Supreme Court · 1971
  4. People v. MoranCalifornia Supreme Court · 1970
  5. State v. RiceAlaska Supreme Court · 1981

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3Cited by6 opinions

  1. State v. EluskaAlaska Supreme Court · 1986
  2. State v. HebertAlaska Supreme Court · 1990
  3. Bobby v. State of AlaskaDistrict Court, D. Alaska · 1989
  4. Il Seung Yang v. StateCourt of Appeals of Alaska · 2005
  5. State v. EluskaAlaska Supreme Court · 1986

1 more not listed; retrieve them via the Exa API.

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