Alaska Statutes
Alaska Stat. § 22.15.240 (2026)
Appeal
✓ current as of July 2026
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Sec. 22.15.240. Appeal.
(a) Either party may appeal a judgment of the district court in a civil action to the superior court.
(b) The defendant may appeal a judgment of conviction given in the district court in a criminal action to the superior court. When the judgment is given on a plea of guilty, an appeal may not be taken by the defendant except on the ground that a sentence of imprisonment of 90 days or more was excessive. The state's right of appeal in criminal cases is limited by the prohibition against double jeopardy contained in the United States Constitution and the Alaska Constitution. The state may also appeal a sentence on the ground that it is too lenient. When a sentence is appealed on the ground that it is too lenient, the court may not increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.
(c) [Repealed, § 47 ch 14 SLA 1987.]
(d) [Repealed, § 47 ch 14 SLA 1987.]
(a) Either party may appeal a judgment of the district court in a civil action to the superior court.
(b) The defendant may appeal a judgment of conviction given in the district court in a criminal action to the superior court. When the judgment is given on a plea of guilty, an appeal may not be taken by the defendant except on the ground that a sentence of imprisonment of 90 days or more was excessive. The state's right of appeal in criminal cases is limited by the prohibition against double jeopardy contained in the United States Constitution and the Alaska Constitution. The state may also appeal a sentence on the ground that it is too lenient. When a sentence is appealed on the ground that it is too lenient, the court may not increase the sentence but may express its approval or disapproval of the sentence and its reasons in a written opinion.
(c) [Repealed, § 47 ch 14 SLA 1987.]
(d) [Repealed, § 47 ch 14 SLA 1987.]
Notes of Decisions
Cited in 17
cases (2 in the last 5 years), 1963–2026 · leading case: Galaktionoff v. State, 486 P.2d 919 (Alaska 1971).
Galaktionoff v. State, 486 P.2d 919 (Alaska 1971). “We believe that it was the intention of the legislature that the superior court apply an identical standard in reviewing sentences appealed to it pursuant to AS 22.15.240(b). 5 In State v. Chaney, 6 we dealt explicitly with the scope of this court’s review in sentence appeals.”
Johnson v. State, 816 P.2d 220 (Alaska Ct. App. 1991). “020, AS 22.15.240, and AS 12.55.120 that limited sentence appeals to district court cases in which the defendant had received a sentence of imprisonment of at least 90 days and to superior court cases in which the defendant had received a sentence of imprisonment of at least one…”
Buckalew v. Holloway, 604 P.2d 240 (Alaska 1979). “AS 22.15.240. Thus a magistrate is not merely "an assistant" to a district court judge, as suggested by the state, but presides with full authority over a court of limited jurisdiction, exercising the judicial power vested by article IV, section 1 of the Alaska Constitution.”
Keiner v. City of Anchorage, 378 P.2d 406 (Alaska 1963). “5, § 3 [AS 22.15.240 (c)] concerning appeals from the magistrate court states in part: “All appeals shall be on the record unless the superior court, in its discretion, shall grant a trial de novo, in whole or in part.”
Ruerup v. Ruerup, 408 P.3d 1203 (Alaska 2018). “See AS 22.15.240(a) ("Either party may appeal a judgment of the district court in a civil action to the superior court.”
Hoblit v. Comm'r of Nat. Resources, 678 P.2d 1337 (Alaska 1984). “020(a) and AS 22.15.240(a), either by appeal or by petition for review.”
Brayton v. City of Anchorage, 386 P.2d 832 (Alaska 1963). “20(1) [AS 22.15.240(a)]. [4] See Decker v. Williams, 73 F.”
State v. Marathon Oil Co., 528 P.2d 293 (Alaska 1974). “AS 22.15.240(b) provides in part: “The defendant may appeal a judgment of conviction given in the district court in a criminal action to the superior court.”
Gordon v. State, 577 P.2d 701 (Alaska 1978). “2d 919 (Alaska 1971), was appealed directly from the conviction, but under AS 22.15.240(b) which expressly authorizes direct sentence appeals.”
Lopez v. Anchorage, 597 P.2d 146 (Alaska 1979). “AS 22.15.240(c) provides the superior court with the authority to grant a trial de novo, in whole or in part, for an appeal from the district court.”
Jackson v. Borough of Haines, 441 P.3d 925 (Alaska 2019). “020(c) and AS 22.15.240(b) he had a right of appeal to the court of appeals or superior court.”
Cowgill v. State, 423 P.2d 907 (Alaska 1967). “2(a) provides as follows: An appeal from a judgment of conviction in a district court, as provided by AS 22.15.240, shall be taken by filing with the district judge a notice in duplicate stating that the defendant appeals from the judgment.”
— Alaska Stat. § 22.15.240(a) — 6 cases
Ruerup v. Ruerup, 408 P.3d 1203 (Alaska 2018). “See AS 22.15.240(a) ("Either party may appeal a judgment of the district court in a civil action to the superior court.”
Hoblit v. Comm'r of Nat. Resources, 678 P.2d 1337 (Alaska 1984). “020(a) and AS 22.15.240(a), either by appeal or by petition for review.”
Brayton v. City of Anchorage, 386 P.2d 832 (Alaska 1963). “20(1) [AS 22.15.240(a)]. [4] See Decker v. Williams, 73 F.”
Ruerup v. Ruerup (Alaska 2018).
Tyler Cue v. Desirae Challens (Alaska 2024).
— Alaska Stat. § 22.15.240(b) — 4 cases
Galaktionoff v. State, 486 P.2d 919 (Alaska 1971). “We believe that it was the intention of the legislature that the superior court apply an identical standard in reviewing sentences appealed to it pursuant to AS 22.15.240(b). 5 In State v. Chaney, 6 we dealt explicitly with the scope of this court’s review in sentence appeals.”
State v. Marathon Oil Co., 528 P.2d 293 (Alaska 1974). “AS 22.15.240(b) provides in part: “The defendant may appeal a judgment of conviction given in the district court in a criminal action to the superior court.”
Gordon v. State, 577 P.2d 701 (Alaska 1978). “2d 919 (Alaska 1971), was appealed directly from the conviction, but under AS 22.15.240(b) which expressly authorizes direct sentence appeals.”
Jackson v. Borough of Haines, 441 P.3d 925 (Alaska 2019). “020(c) and AS 22.15.240(b) he had a right of appeal to the court of appeals or superior court.”
— Alaska Stat. § 22.15.240(c) — 3 cases
Lopez v. Anchorage, 597 P.2d 146 (Alaska 1979). “AS 22.15.240(c) provides the superior court with the authority to grant a trial de novo, in whole or in part, for an appeal from the district court.”
Cowgill v. State, 423 P.2d 907 (Alaska 1967). “2(a) provides as follows: An appeal from a judgment of conviction in a district court, as provided by AS 22.15.240, shall be taken by filing with the district judge a notice in duplicate stating that the defendant appeals from the judgment.”
Kinsman v. State, 496 P.2d 63 (Alaska 1972).
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