Cooksey plea in Alaska

22 Alaska opinions name it 2 courts 1974–2022 2 in the last five years

The cases below were cited by Alaska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

Case	Followed	Cited
Cooksey v. Stategreen alaska · 1974 · cited in 11 Alaska opinions naming this issue, 1982–2022 2 sentences 2021(We will explain the details of the superior court’s ruling later in this opinion.) After the court denied the suppression motion, Chandler and the State reached a Cooksey plea agreement. 3 Under the terms of this agreement, Chandler 3 See Cooksey v. State, 524 P.2d 1251, 1255 (Alaska 1974) (holding that, despite the normal rule that a plea of guilty or no contest waives all non-jurisdictional defects in a criminal prosecution, the State and a defendant can agree that the defendant will plead no contest on condition that the defendant be allowed to pursue an issue on appeal — so long as this i 2001However, under an exception established by Cooksey v. State, 524 P.2d 1251, 1255-57 (Alaska 1974), a defendant may enter a "Cooksey plea" and plead no contest, explicitly preserving some specific issue for appeal.	6	11
Bobby v. Stategreen alaskactapp · 1997 · cited in 1 Alaska opinions naming this issue, 2001–2001 1 sentence 2001See Bobby v. State, 950 P.2d 135, 139 (Alaska App.1997). 11 .	1	1
Uptegraft v. Stategreen alaska · 1980 · cited in 1 Alaska opinions naming this issue, 1990–1990 1 sentence 1990See Uptegraft v. State, 621 P.2d 5 , 7 *361 n. 3 (Alaska 1980) (honoring a Cooksey plea despite doubts that the issue reserved was dispositive). 2 .	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway.

Also cited on this issue (9)

Case	Cited	Years
Oveson v. Municipality of Anchorage green alaska · 1978 2 sentences 1992In its responding brief, the State argues that the plea agreement is improper under the refinement of the Cooksey rule announced by the Supreme Court in Oveson v. Anchorage, 574 P.2d 801 , 803 n. 4 (Alaska 1978). 1981In Oveson the court said, “appeals under the Cooksey doctrine will not be approved unless it is clearly shown, and the parties have stipulated with trial court approval, that our resolution of the issue reserved for appeal will be dispositive of the entire case.” Oveson v. Municipality of Anchorage, 574 P.2d at 803 n.4.	7	1978–1992
Miles v. State green alaskactapp · 1992 2 sentences 2007As we pointed out in Miles, 825 P.2d at 907 , all three participants-the prosecutor, the defense attorney, and the judge-must agree that the proposed Cooksey plea is proper. 1997We take this occasion to reiterate what we said in Miles, 825 P.2d at 906-07 , regarding the procedural steps that must be taken when the parties present the court with a Cooksey plea: [T]he prosecuting attorney, as an officer of the court, must certify that the issue which the defendant proposes to appeal is dispositive, either because a ruling in the defendant's favor would, as a matter of law, bar continuation of the prosecution or because a ruling in the defendant’s favor would leave the government with insufficient evidence to withstand a motion for judgement of acquittal at the conclusio	2	1997–2007
McGhee v. State green alaska · 1998 2 sentences 2001Cyrus seeks rehearing of our decision to fine him under Appellate Rule 510(c) for failing to bring McGhee v. State, 951 P.2d 1215 (Alaska 1998), to our attention when we were trying to assess the validity of the Cooksey plea entered by his client, David Tyler. 2001Cyrus seeks rehearing of our decision to fine him under Appellate Rule 510(c) for failing to bring McGhee v. State, 951 P.2d 1215 (Alaska 1998), to our attention when we were trying to assess the validity of the Cooksey plea entered by his client, David Tyler.	1	2001–2001
Pistro v. State green alaska · 1979 2 sentences 1998The judgement of the superior court is AFFIRMED. 1 . 590 P.2d 884 (Alaska 1979). 2 . 590 P.2d at 887 . 3 . 1998The judgement of the superior court is AFFIRMED. 1 . 590 P.2d 884 (Alaska 1979). 2 . 590 P.2d at 887 . 3 .	1	1998–1998
Spinka v. State green alaskactapp · 1993 1 sentence 1997Id. at 252 n. 1.	1	1997–1997
Trunnel v. State neutral alaska · 1975 2 sentences 1978To the extent that Richardson v. State, 563 P.2d 266 , 267 n.1 (Alaska 1977), and Trunnel v. State, 535 P.2d 1041 , 1042 n.1 (Alaska 1975), may be read otherwise, they should be considered modified. 5 . 1978To the extent that Richardson v. State, 563 P.2d 266 , 267 n.1 (Alaska 1977), and Trunnel v. State, 535 P.2d 1041 , 1042 n.1 (Alaska 1975), may be read otherwise, they should be considered modified. 5 .	1	1978–1978
Richardson v. State green alaska · 1977 2 sentences 1978To the extent that Richardson v. State, 563 P.2d 266 , 267 n.1 (Alaska 1977), and Trunnel v. State, 535 P.2d 1041 , 1042 n.1 (Alaska 1975), may be read otherwise, they should be considered modified. 5 . 1978To the extent that Richardson v. State, 563 P.2d 266 , 267 n.1 (Alaska 1977), and Trunnel v. State, 535 P.2d 1041 , 1042 n.1 (Alaska 1975), may be read otherwise, they should be considered modified. 5 .	1	1978–1978
United States v. Jo Anna Newby Caraway A/K/A Jo Newby and Daniel Elden Scales green ca5 · 1973 2 sentences 1974United States v. Caraway, 474 F.2d 25 , vacated on other grounds, 483 F.2d 215 (5th Cir.1973), is similar to the case at bar in these two characteristics. 1974United States v. Caraway, 474 F.2d 25 , vacated on other grounds, 483 F.2d 215 (5th Cir. 1973), is similar to the case at bar in these two characteristics.	1	1974–1974
United States v. Jo Anna Newby Caraway, A/K/A Jo Newby and Daniel Elden Scales green ca5 · 1973 2 sentences 1974United States v. Caraway, 474 F.2d 25 , vacated on other grounds, 483 F.2d 215 (5th Cir.1973), is similar to the case at bar in these two characteristics. 1974United States v. Caraway, 474 F.2d 25 , vacated on other grounds, 483 F.2d 215 (5th Cir. 1973), is similar to the case at bar in these two characteristics.	1	1974–1974

Statutes the citing opinions construe

AK § Alaska Stat. § 28.35.030 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

AK 22 (1974–2022) TX 4 (1989–2014) MT 2 (2012–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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