John v. State

In John v. State, 35 P.3d 53 (Alaska App. 2001) the Court recognized that the supreme court designed Alaska Criminal Rule 18 to implement the Alvarado decision. Under section (a) of the rule, the supreme court created a venue map that divides Alaska into twenty-five superior court venue districts. Criminal Rule 18(a) states: "Venue Districts. Districts establishing venue for all criminal cases shall be devised and promulgated by the supreme court in the form of a map. The map shall indicate venue district boundaries for each existing court location capable of holding six-person jury trials or both six and twelve-person jury trials." Each venue district is centered around a city or town designated as a suitable site for felony trials. Section (b) of Rule 18 sets out a four-part formula for establishing venue for a crime committed in any given location in Alaska. Criminal Rule 18(b) provides: "Trial Location Assignment. When a request for trial is made, all cases shall be initially assigned to: (1) The existing court location; (2) Nearest to the situs of the alleged crime; (3) Within the venue district; (4) That has a judge and facilities for either a six-person or twelve-person jury as is necessary to the case." By using Rule 18(b) in combination with the venue map, judges can identify a trial site where the composition of the jury pool could be expected to satisfy Alvarado v. State (1971) (See John, 35 P.3d at 55.)