Alaska, January, 2005, State Case law

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State Courts - Alaska - January 19 - January 26, 2005

Altman v. State, Court of Appeals No. A-8519, No. 4963, COURT OF APPEALS OF ALASKA, January 19, 2005, Decided
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Overview: Where defendant had not sought post-conviction relief within two years of his final conviction, he was not entitled to relief where he failed to plead due diligence in discovering evidence that was not cumulative or that he was factually innocent.

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Bennett v. LeBlanc, Supreme Court No. S-11281, No. 1198, SUPREME COURT OF ALASKA, January 19, 2005, Decided
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Overview: In a divorce case, because the husband could have objected to the initial qualified domestic relations order prior to his first appeal, his objection to the order on remand was inappropriate.

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Feldman v. State, Court of Appeals No. A-8605, No. 4962, COURT OF APPEALS OF ALASKA, January 19, 2005, Decided
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Overview: Although the appellate court declined to answer whether a field sobriety test was a search for constitutional purposes, the officer's statement to defendant that he would be arrested for refusing the tests did not render his consent involuntary.

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Fuzzard v. State, Court of Appeals No. A-8761, No. 4964, COURT OF APPEALS OF ALASKA, January 19, 2005, Decided
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Overview: The trial court properly denied appellant's application for post-conviction relief where his trial attorney's analysis and action on a motion to suppress reflected a sound tactical consideration by the attorney that appellant did not rebut.

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Brown v. Dick, Supreme Court No. S-10976, No. 5862, SUPREME COURT OF ALASKA, January 21, 2005, Decided
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Overview: Trial court properly denied nominal damages because the proxy disclosure requirement violations by board of directors occurred inadvertently as a result of board's good-faith reliance on expert advice and thus did not amount to a fiduciary breach.

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Caldwell v. State, Supreme Court No. S-11149, No. 5861, SUPREME COURT OF ALASKA, January 21, 2005, Decided
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Overview: Absent exceptional circumstances, the trial court erred by treating proceeds of the sale of husband's video business as a five-year stream of income in calculating child support because the proceeds were returned capital with one-time capital gains.

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Brewer v. State, Court of Appeals No. A-8718, No. 4966, COURT OF APPEALS OF ALASKA, January 26, 2005, Decided
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Overview: In a DWI case, a trial judge did not err by excluding an audiotape of an arrest, as its potential prejudice setting out the detrimental consequences that a conviction would have had on defendant could have outweighed its probative value.

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Gamble v. State, Court of Appeals No. A-8693, No. 4965, COURT OF APPEALS OF ALASKA, January 26, 2005, Decided
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Overview: Sufficient evidence established that defendant did not have permission to drive his girlfriend's car, and thus, defendant's conviction for vehicle theft was proper where girlfriend specifically stated that she never authorized defendant to take car.

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Johnson v. State, Supreme Court No. S-11142, No. 1199, SUPREME COURT OF ALASKA, January 26, 2005, Decided
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Overview: Skipper applied for fishery permit, which was denied; however, denial was proper because insufficient record existed about skipper's prior landings, and commission did not unfairly deny opportunity to present additional witnesses.

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Varilek v. City of Houston, Supreme Court No. S-10814, SUPREME COURT OF ALASKA, January 26, 2005, Decided
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