Rule 402 - Petitions for Review of Non-appealable Orders or Decisions(a) When Available.(1) An aggrieved party, including the State of Alaska, may petition the appellate court as provided in Rule 403 to review any court order or decision that is not appealable under Rule 202 and not subject to a petition for hearing under Rule 302. In addition, a defendant may petition the supreme court as provided in Rule 403(h) to review an unsuspended sentence of imprisonment that is not appealable under Appellate Rule 215(a)(1), and a victim as defined in AS 12.55.185 may petition the court of appeals as provided in Rule 403(i) to review an unsuspended sentence of imprisonment that is below the applicable presumptive sentencing range. An order from an individual judge of the court of appeals is not reviewable under this rule.(2) A petition for review shall be directed to the appellate court that would have jurisdiction over an appeal or petition for hearing from a final judgment or decision of the trial court in the action or proceeding in which it arises.(b) When Granted. Review is not a matter of right, but will be granted only where the sound policy behind the rule requiring appeals or petitions for hearing to be taken only from final judgments or decisions is outweighed because: (1) Postponement of review until appeal may be taken from a final judgment will result in injustice because of impairment of a legal right, or because of unnecessary delay, expense, hardship or other related factors; or(2) The order or decision involves an important question of law on which there is substantial ground for difference of opinion, and an immediate review of the order or decision may materially advance the ultimate termination of the litigation, or may advance an important public interest which might be compromised if the petition is not granted; or(3) The court has so far departed from the accepted and usual course of proceedings, or sanctioned such a departure, as to call for the appellate court's power of supervision and review; or(4) The issue is one that might otherwise evade review, and an immediate decision by the appellate court is needed for guidance or is otherwise in the public interest.SCO 439 effective 11/15/1980; amended by SCO 493 effective 1/4/1982; by SCO 1226 effective 1/22/1996; by SCO 1655 effective 4/15/2008; and by SCO 1778 effective 4/15/2014.Note to SCO 1655: Chapter 65, section 4, SLA 2005 (HB 54) amended AS 12.55.120 by adding a new subsection (e) to provide that a victim of the crime for which a defendant has been convicted and sentenced may petition for review in an appellate court of a sentence that is below the sentencing range for the crime. The changes to Appellate Rule 402(a)(1) are adopted for the sole reason that the legislature made that statutory change.