Scudero Jr. v. AlaskaAnnotate this Case
A member of the Metlakatla Indian Community was convicted of several commercial fishing violations in State waters and fined $20,000. He appealed his conviction and sentence to the court of appeals, which asked the Alaska Supreme Court to take jurisdiction of the appeal because of the importance of the primary issue involved: whether the defendant’s aboriginal and treaty-based fishing rights exempted him from State commercial fishing regulations. The defendant also challenged several evidentiary rulings and the fairness of his sentence. Because the Supreme Court held the State had authority to regulate fishing in State waters in the interests of conservation regardless of the defendant’s claimed fishing rights, and because the Court concluded the trial court did not abuse its discretion in its procedural rulings, the Supreme Court affirmed the conviction. The Court also affirmed the sentence as not clearly mistaken, except for one detail on which the parties agreed: the district court was mistaken to include a probationary term in the sentence. The case was remanded for modification of the judgments to correct that mistake.