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| Bullington v. State, Court of Appeals No. A-8074, No. 4658,
COURT OF APPEALS OF ALASKA, February 12, 2003, Decided
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Overview: Defendant' filing of an untimely petition for hearing with the supreme court did not extend the statute of limitations applicable to defendant's application for post-conviction relief, which ran from the date of trial court's final judgment.
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| Hertz v. State, Court of Appeals No. A-8267, No. 4664,
COURT OF APPEALS OF ALASKA, February 12, 2003, Decided
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Overview: Where defendant's motion claiming his sentence was illegal failed to meet the statutory criteria for an illegal sentence, his petition was properly treated and dismissed as a successive post-conviction relief motion.
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| Ivy v. State, Court of Appeals No. A-7744, No. 4657,
COURT OF APPEALS OF ALASKA, February 12, 2003, Decided
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Overview: Where the three theories State presented of defendant's kidnapping of victim arose out of a single incident, the jury was not required to unanimously agree on the theory under which defendant kidnapped the victim.
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| Lee v. State, Court of Appeals No. A-8253, No. 4654,
COURT OF APPEALS OF ALASKA, February 12, 2003, Decided
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Overview: Defendant's receipt of a charging document was the event that started the 120-day period in which the State had to try its case against her, not her appearance before a magistrate and the receipt of a bail order.
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| Martin v. State, Court of Appeals No. A-7942, Court of Appeals No. A-7962, No. 4666,
COURT OF APPEALS OF ALASKA, February 12, 2003, Decided
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Overview: The testimony of a pursuing officer regarding the excessive speed of a motorcycle group, the distance-over-time calculation of their speed, and the fact that defendants were stopped among the group of riders supported their speeding convictions.
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| Michael v. State, Court of Appeals No. A-7890, No. 4665,
COURT OF APPEALS OF ALASKA, February 12, 2003, Decided
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Overview: The trial court did not err in allowing a sexual assault victim to give an unsworn victim-impact statement; the procedure did not violate defendant's right of confrontation, nor did the statement violate due process.
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| Miller v. Municipality of Anchorage, Court of Appeals No. A-8238, No. 4663,
COURT OF APPEALS OF ALASKA, February 12, 2003, Decided
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Overview: The denial of defendant's motion to suppress was improper, where the fact that defendant allegedly had two drinks was not sufficient to raise an inference that defendant was under the influence.
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| Moore v. State, Court of Appeals No. A-7984, No. 4667,
COURT OF APPEALS OF ALASKA, February 12, 2003, Decided
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Overview: A remand for reconsideration of defendant's sentence after his drug and theft convictions was proper where the trial judge's sentencing remarks, as they currently stood, did not support the sentence that he imposed.
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| Nicholas v. State, Court of Appeals No. A-7452, No. 4660,
COURT OF APPEALS OF ALASKA, February 12, 2003, Decided
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Overview: Defendant's vehicle theft charge was proper where the State met its burden of demonstrating that any generalized concerns about the defense attorney's credibility did not appreciably affect the jury's verdict on the charge.
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| Richardson v. State, Court of Appeals No. A-7857, No. 4661,
COURT OF APPEALS OF ALASKA, February 12, 2003, Decided
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Overview: Where a police officer stopped defendant's vehicle for weaving and noticed the smell of alcohol on defendant's breath, after defendant refused to submit to the breathalyzer, he was properly charged and convicted of DWI and breath-test refusal.
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