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| Yacovelli v. State, Court of Appeals No. A-8850, No. 5030,
COURT OF APPEALS OF ALASKA, January 11, 2006, Decided
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Overview: When defendant's violations of probation were viewed in light of his long history of criminal behavior and his previous failures on probation, the trial court's decision to revoke his probation and to impose all of his remaining jail time was not clearly mistaken.
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| Alex v. State, Court of Appeals No. A-8839, No. 2024,
COURT OF APPEALS OF ALASKA, January 13, 2006, Decided
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Overview: Where police recovered a pistol from under the passenger seat of the vehicle in which defendant was riding, defendant was arrested and a bag of cocaine fell from his person. Defendant was convicted of second-degree weapons misconduct under Alaska. Stat. § 11.61.195(a)(1). The erroneous jury instruction on constructive possession was harmless.
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| Brown v. State, Court of Appeals No. A-8793, No. 2023,
COURT OF APPEALS OF ALASKA, January 13, 2006, Decided
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Overview: Seizure of defendant was proper, Fourth Amendment, where the conditions of probation allowed for that action, the probation officer reasonably (albeit erroneously) suspected that defendant was the person for whom he was looking, and he suspected that the probationer for whom he was looking was in violation of probation.
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| Jackson v. State, Court of Appeals No. A-9035, No. 2026,
COURT OF APPEALS OF ALASKA, January 13, 2006, Decided
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Overview: Condition of juvenile's probation that required her to report back to the trial judge every other week to update him on her progress was affirmed as the legislative history of Alaska Stat. § 04.16.50 indicated that the legislature wanted the courts to be part of the monitoring process for minors convicted of possessing or consuming alcohol.
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| One v. State, Court of Appeals No. A-8824, No. 2025,
COURT OF APPEALS OF ALASKA, January 13, 2006, Decided
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Overview: Where attorney's certificate pursuant to Ark. R. Crim. P. 35.1(e)(2) did not state why the inmate did not have an arguable defense to the two-year limitations period codified in Alaska Stat. § 12.72.020(a)(3)(A). the certificate should not have been accepted, and the post-conviction petition should not have been dismissed.
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| Haag v. State, Court of Appeals No. A-8687, No. 5033,
COURT OF APPEALS OF ALASKA, January 18, 2006, Decided
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Overview: Composite eight and one half year sentence for first-degree robbery, evidence tampering, and fourth-degree controlled substance misconduct was affirmed as absence of injury did not mean offense was mitigated. Defendant committed robbery to take unauthorized possession of prescription drugs, a separate offense, and also committed evidence tampering.
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| Melovedoff v. State, Court of Appeals No. A-8715, No. 5031,
COURT OF APPEALS OF ALASKA, January 18, 2006, Decided
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Overview: Defendant had to testify to preserve a claim for improper impeachment by a prior conviction, the trial court's judgment did not reflect the merger of the two sexual assault counts into one conviction, and leading questions were allowed under Alaska R. Evid. 611 where the victim had difficulty testifying due to the personal nature of sexual assault.
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| Pomeroy v. Brink, Supreme Court No. S-11858, No. 1235,
SUPREME COURT OF ALASKA, January 18, 2006, Decided
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Overview: Dismissal of defendant's complaint under Alaska R. Civ. P. 12(b)(6) for failure to state a claim upon which relief could be granted was affirmed as trial and pre-trial criminal process provided ample alternative avenues for remedying any constitutional violations allegedly caused by his attorneys during discovery; Bivens action was unnecessary.
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| Seay v. State, Court of Appeals No. A-8975, No. 5032,
COURT OF APPEALS OF ALASKA, January 18, 2006, Decided
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Overview: Consent to a search of defendant's car was not coerced where the stop was brief, and after he refused consent, the officer asked him to step out of the car and patted him down for weapons; the officer then explained the two options: he could consent to a search, or the officer could impound the car and apply for a search warrant.
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| Stavenjord v. State, Court of Appeals No. A-8966, No. 5034,
COURT OF APPEALS OF ALASKA, January 18, 2006, Decided
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Overview: Denial of post-conviction relief was reversed because the instant court concluded that the trial court should have held defendant's pro se pleadings to a less stringent standard and allowed him the opportunity to amend his application to plead ineffective assistance of counsel from appellate counsel on his direct appeal.
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