Charles v. State

OPINION

EASTAUGH, Senior Justice.

I. INTRODUCTION

Does the 2008 holding in Doe v. State (Doe I) 1 apply to Byron E. Charles, whose 2006 conviction for violating the Alaska Sex Offender Registration Act (ASORA) was still on direct review when he argued for the first time, in reliance on our then-recent Doe I opinion, that applying ASORA to him violated Alaska's ex post facto clause? We conclude that it does. In doing so, we adopt for cases on direct review the federal retroactivity standard announced in Griffith v. Kenucky. 2 We also conclude that Charles's pri- or failure to raise the ex post…