Alaska, March, 2002, State Case law

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State Courts - Alaska - March 8, 2002

Alvin v. State, Court of Appeals No. A-7908, No. 1794, COURT OF APPEALS OF ALASKA, March 8, 2002, Decided
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Overview: Trial court properly denied motion to modify written sentence, where trial judge's unambiguous sentencing intent was to revoke defendant's driver's license for life, making it direct component of sentence, rather than condition of probation.

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Blair v. State, Court of Appeals No. A-7853, No. 1793, COURT OF APPEALS OF ALASKA, March 8, 2002, Decided
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Overview: Where trial court allowed jury to replay tape recording of victim's hotly contested excited utterance, which allegedly implicated defendant of assault, while defendant and his attorney were not present, defendant was entitled to new trial.

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Fitzgerald v. State, Court of Appeals No. A-7895, No. 1791, COURT OF APPEALS OF ALASKA, March 8, 2002, Decided
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Overview: Where defendant was convicted for four sexual offenses involving children and there was evidence of numerous other child sexual assaults for which he was not charged, the trial court properly sentenced defendant as a worst offender.

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H.C.S. v. Cmty. Advocacy Project of Alaska, Supreme Court No. S-9783, No. 5548, SUPREME COURT OF ALASKA, March 8, 2002, Decided
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Overview: Where son's petition demonstrated changed circumstances in guardianship and conservatorship appointment for father, hearing was necessary to consider whether it was in father's best interests to replace guardian and conservator.

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Hamilton v. Hamilton, Supreme Court No. S-9826, No. 5546, SUPREME COURT OF ALASKA, March 8, 2002, Decided
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Overview: Trial court did not err when it modified custody agreement and gave custody of children to father, where most important factor was desire and ability of each parent to allow open and loving frequent relationship between children and other parent.

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Jourdan v. Nationsbanc Mortg. Corp., Supreme Court No. S-9194, No. 5545, SUPREME COURT OF ALASKA, March 8, 2002, Decided
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Overview: Where homeowner did not pay outstanding mortgage debt under parties' workout agreement, homeowner was precluded from bringing an action for breach of contract, and summary judgment on the issue was properly granted.

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Olmstead v. Ziegler, Supreme Court No. S-9481, No. 5543, SUPREME COURT OF ALASKA, March 8, 2002, Decided
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Overview: Modification of child support was not warranted, where father was voluntarily underemployed, as he deemed himself a failure as a lawyer and became a teacher, because while his earnings had declined, his earning capacity had not changed.

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P.M. v. State, Supreme Court No. S-10027, No. 5549, SUPREME COURT OF ALASKA, March 8, 2002, Decided
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Overview: Where father's request for replacement counsel was used as a tactic to delay termination of parental rights proceedings, trial court did not err in refusing to appoint replacement counsel and making defendant proceed pro se.

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S.H. v. Dep't of Health & Social Servc., Div. of Family & Youth Servs., Supreme Court No. S-9932, Supreme Court No. S-9938, No. 5544, SUPREME COURT OF ALASKA, March 8, 2002, Decided
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Overview: Where parents' continued substance abuse prevented them from providing stable family environment, parents failed to remedy their harmful conduct within a reasonable amount of time, and termination of parental rights was affirmed.

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Shields v. Cape Fox Corp., Supreme Court No. S-9134, No. 5547, SUPREME COURT OF ALASKA, March 8, 2002, Decided
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Overview: In an action based on implied contract and tort, the trial court committed plain error in failing to instruct the jury on comparative fault, and because comparative fault was relevant to punitive damages, a new trial was required.

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