Alaska, January, 2005, State Case law

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State Courts - Alaska - January 5 - January 14, 2005

Beard v. State, Court of Appeals No. A-8792, No. 4961, COURT OF APPEALS OF ALASKA, January 5, 2005, Decided
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Overview: Where the trial court did not expressly recognize Andrews benchmark range nor did it give any reason for imposing sentence that exceeded the Andrews benchmark, the appellate court had no way to understand reason for the sentencing disparity.

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Esguerra v. State, Court of Appeals No. A-8395, No. 4959, COURT OF APPEALS OF ALASKA, January 5, 2005, Decided
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Overview: A child sexual abuse victim's prior inconsistent statement was properly used at trial when the child could not remember everything she had previously testified to.

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Knight v. Knight, Supreme Court No. S-11075, No. 1197, SUPREME COURT OF ALASKA, January 5, 2005, Decided
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Overview: In a quiet title action, there was sufficient evidence to justify trial court's findings that plaintiffs had valid title; trial testimony showed that defendant executed power of attorney to his wife and that she transferred property to plaintiffs.

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Ladick v. State, Court of Appeals No. A-8704, No. 4960, COURT OF APPEALS OF ALASKA, January 5, 2005, Decided
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Overview: In felon in possession of concealable firearm in third degree case, trial court properly refused to instruct on defendant's proposed lesser-included offense - misconduct involving weapons in fourth degree (possession of firearm while intoxicated).

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State v. Gibbs, Court of Appeals No. A-8953, No. 1966, COURT OF APPEALS OF ALASKA, January 5, 2005, Decided
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Overview: Decision in Blakely did not affect validity of any sentence imposed on a first felony offender under statute as long as unsuspended portion of term of imprisonment did not exceed presumptive term that would have applied to second felony offender.

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Strickland v. State, Court of Appeals No. A-8103, No. 4958, COURT OF APPEALS OF ALASKA, January 5, 2005, Decided
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Overview: In a case in which defendant pled no contest to two counts of second degree assault, trial court did not err in imposing a composite sentence of 11 years with 2 years suspended or in denying him credit for time he spent on bail.

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Mooney v. State, Court of Appeals No. A-8383, No. 1965, COURT OF APPEALS OF ALASKA, January 7, 2005, Decided
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Overview: Denial of defendant's Batson challenge to State's use of peremptory challenges that excluded Alaska Natives from jury was proper because it was untimely; defendant made the motion after trial court had sworn the jury and dismissed the jury venire.

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Catalina Yachts v. Pierce, Supreme Court No. S-10720, No. 5860, SUPREME COURT OF ALASKA, January 14, 2005, Decided
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Overview: Alaska offer of judgment civil rule applied to buyers' breach of warranty action, as it was not preempted by the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, and a seller was therefore entitled to seek its fees and costs.

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DeNardo v. Municipality of Anchorage, Supreme Court No. S-11128, No. 5859, SUPREME COURT OF ALASKA, January 14, 2005, Decided
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Overview: In election contest, summary judgment was properly entered against challengers: random selection of fixed candidate order on ballot did not impermissibly burden right to vote in election; no significant deviation from law affected election's outcome.

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Silvan v. Alcina, Supreme Court No. S-11216, No. 5858, SUPREME COURT OF ALASKA, January 14, 2005, Decided
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Overview: Trial court's award of custody based upon a consideration of the mother's potential relocation was not an abuse of discretion, particularly in light of the mother's difficulty fostering an open relationship with the children's father.

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