A13658•Andrew Alexander Malone v. State of Alaska
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In the Court of Appeals of the State of Alaska Andrew Alexander Malone, Appellant, v. State of Alaska, Appellee. Court of Appeals No. A-13658 Order Date of Order: April 28, 2020 Trial Court Case No. 3KN-20-00288CR Before: Allard, Chief Judge, and Wollenberg and Harbison, Judges. Andrew Malone appeals from the district court’s April 2, 2020 order holding him without bail until the completion of a competency evaluation. Malone argues that the “no bail” order violates the Article I, Section 11 of the Alaska Constitution. This section of our state constitution guarantees that, “in all criminal prosecutions,” the accused “is entitled . . . to be released on bail, except for capital offenses when the proof is evident or the presumption great[.]” The State acknowledges that Malone is entitled to pre-trial bail, but suggests that, while the discussion at the April 2 hearing was unclear, the district court did set bail at that hearing. As we recognized in Hamburg v. State, Article I, Section 11 of the Alaska Constitution — together with Article I, Section 12 of the constitution, which prohibits excessive bail — “guarantees that the court must set reasonable conditions of bail release for a defendant who has not yet been convicted.”1 We have listened to the bail hearing, 1 Hamburg v. State, 434 P.3d 1165, 1165 (Alaska App. 2018) (citing Martin v. State, 517 P.2d 1389, 1393-95 (Alaska 1974)).
Malone v. State - p. 2 File No. A-13658 April 28, 2020 and we agree with Malone that the court ordered Malone to be held without bail pending a competency evaluation (with bail to revert to a third-party custodian following the competency evaluation). We therefore REVERSE the order denying bail pending the competency evaluation, and we REMAND this case to the district court with directions to set bail for Malone. We do not retain jurisdiction. Entered at the direction of the Court. Clerk of the Appellate Courts ________________________________ Ryan Montgomery-Sythe, Chief Deputy Clerk cc: Court of Appeals Judge Judge Fallon Magistrate Judge Browning Trial Court Clerk Distribution: Email: Etengoff , Hannah, Public Defender Iannaccone, F. Jon
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