Legal Opinion
Barber v. State, Department of Corrections
Alaska Supreme Court
Decided December 6, 2013No. 6850 S-14475/S-14504PublishedCited by 4 opinions
1Opinion of the Court
OPINION
WINFREE, Justice.
I. INTRODUCTION
An indigent prisoner appealed two prison disciplinary actions to the superior court. For each appeal the superior court calculated a reduced filing fee pursuant to AS 09.19.010. 1 The prisoner failed to pay the filing fees and his appeals were dismissed.
The prisoner contends that he had no means of paying even the reduced filing fees and argues that the fee statute unconstitutionally deprived him of access to the courts. We agree with the prisoner: As applied in this case, AS 09.19.010 prevented the prisoner from exercising his right of access to the…
2Cases cited35 opinions
- Bounds v. SmithSupreme Court of the United States · 1977
- Christopher v. HarburySupreme Court of the United States · 2002
- McCarthy v. MadiganSupreme Court of the United States · 1992
- Bearden v. GeorgiaSupreme Court of the United States · 1983
- M. L. B. v. S. L. J.Supreme Court of the United States · 1996
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3Cited by4 opinions
- Pease-Madore v. State, Dept. of CorrectionsAlaska Supreme Court · 2018
- John E. v. Andrea E.Alaska Supreme Court · 2019
- Jason D. Ray v. State of AlaskaCourt of Appeals of Alaska · 2019
- Johnson v. State, Dept. of CorrectionsAlaska Supreme Court · 2016