Legal Opinion

State v. Eluska

Alaska Supreme Court

Decided August 29, 1986No. S-991PublishedCited by 18 opinions

1Opinion of the Court

OPINION

BURKE, Justice.

In State v. Eluska, 698 P.2d 174 (Alaska App.1985), the court of appeals affirmed the dismissal of charges against a Kodiak hunter, David Eluska. We granted the state’s petition for hearing.

On May 14, 1983, when the deer season was closed, Eluska was found in possession of a freshly killed doe. Eluska was charged with possessing game taken in violation of the Board of Game’s regulations.1 In his defense, he claimed that the Board’s regulations failed to differentiate between subsistence hunting and other hunting. Id. at 176-77. Both the trial court and the court of…

2Cases cited5 opinions

  1. Madison v. Alaska Department of Fish & GameAlaska Supreme Court · 1985
  2. State, Commercial Fisheries Entry Commission v. TempletonAlaska Supreme Court · 1979
  3. Hammond v. HoffbeckAlaska Supreme Court · 1981
  4. United States Smelting, Refining & Mining Co. v. Local Boundary CommissionAlaska Supreme Court · 1971
  5. State v. EluskaCourt of Appeals of Alaska · 1985

3Cited by18 opinions

  1. Totemoff v. StateAlaska Supreme Court · 1995
  2. Usibelli Coal Mine, Inc. v. State, Department of Natural ResourcesAlaska Supreme Court · 1996
  3. Underwater Construction, Inc. v. ShirleyAlaska Supreme Court · 1994
  4. State v. MorryAlaska Supreme Court · 1992
  5. State v. HebertAlaska Supreme Court · 1990

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