Smart v. State

I write separately to address two issues that our supreme court may confront in the event that one or more of the parties petition that court to review our decision. The first issue is whether Alaska should adopt the Teague retroactivity test as a matter of state law. The second issue is whether, under the Teague test, the right of jury trial announced in Blakely should be given retroactive application.

Should Alaska adopt the retroactivity test of Teague v. Lane?

Although the parties to the present appeals may be primarily interested in Part II of our decision (our resolution of the question *45of…