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| Bailey v. State, Court of Appeals No. A-8392, No. 4813,
COURT OF APPEALS OF ALASKA, January 14, 2004, Decided
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Overview: Evidence was sufficient to convict defendant of second-degree theft as it circumstantially showed that he knew he was using bank card without permission and that he acted with intent to deprive victim of his money or to appropriate it for himself.
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| Harvey v. State, Court of Appeals No. A-7963, No. 4812,
COURT OF APPEALS OF ALASKA, January 14, 2004, Decided
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Overview: Inmate failed to establish that he received ineffective assistance of counsel from his attorney since he did not establish that attorney failed to investigate the case or that attorney did not pursue a competent strategy with respect to DNA evidence.
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| Hykes v. State, Court of Appeals Nos. A-7742 & A-8346, No. 4816,
COURT OF APPEALS OF ALASKA, January 14, 2004, Decided
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Overview: Because inmate continued to refuse sex offender treatment after his appeals had ended, the parole board could properly conclude that the inmate was in violation of the conditions of his probation and, thus, that he should not be released on parole.
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| In re Estate of Brouillette, Supreme Court No. S-10932, No. 1155,
SUPREME COURT OF ALASKA, January 14, 2004, Decided
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Overview: Son's claim that a trial court favored a personal representative's proposal in ordering the distribution of a decedent's supervised estate was rejected where the ordered distribution did not match the representative's proposal.
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| Lamar F. v. State, Supreme Court No. S-11092, No. 1156,
SUPREME COURT OF ALASKA, January 14, 2004, Decided
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Overview: A father did not show that the state division of family and youth services failed to make reasonable efforts to reunify him with his children, who had been adjudicated children in need of aid, where the father had not obtained a required evaluation.
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| Savage v. State, Court of Appeals No. A-8543, No. 4815,
COURT OF APPEALS OF ALASKA, January 14, 2004, Decided
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Overview: In fourth-degree assault case for beating up his girlfriend, defendant's sentence of 240 days to serve was not clearly mistaken as his prospects for rehabilitation were problematic and he had history of domestic violence and other criminal offenses.
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| Williams v. State, Court of Appeals No. A-8317, No. 4814,
COURT OF APPEALS OF ALASKA, January 14, 2004, Decided
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Overview: Offense of second-degree assault was not included within charged offense of attempted first-degree sexual assault; thus, defendant's conviction for second-degree assault was reversed. But, a conviction for fourth-degree assault was to be entered.
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| MacDonald v. State, Court of Appeals No. A-8357, No. 1913,
COURT OF APPEALS OF ALASKA, January 16, 2004, Decided
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Overview: A trial court properly found that prisoner's trial counsel was not incompetent for acquiescing in a jury instruction on the common law elements of "arrest" in an escape trial. The officers touched the prisoner for the purpose of apprehending him.
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| State v. Kenaitze Indian Tribe, Supreme Court No. S-10358, Supreme Court No. S-10388, No. 5770,
SUPREME COURT OF ALASKA, January 16, 2004, Decided
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Overview: A superior court improperly held invalid a regulation promulgated by the Alaska Joint Boards of Fisheries and Game. The joint boards did not exceed their discretion in using non-rural boundaries as starting points for nonsubsistence determinations.
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