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| Goss v. State, Court of Appeals No. A-9059, No. 5173,
COURT OF APPEALS OF ALASKA, February 7, 2007, Decided
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Overview: In trial for third-degree misconduct involving a controlled substance, pursuant to Alaska Stat. § 11.71.030, superior court properly denied motion to suppress because when car defendant was driving was stopped, police smelled marijuana, which supported reasonable suspicion, and probable cause based on informant's tip supported warrant.
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| Nicoli v. State, Court of Appeals No. A-9114, No. 5174,
COURT OF APPEALS OF ALASKA, February 7, 2007, Decided
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Overview: In defendant's trial for assault, under Alaska Stat. § 11.41.220, for placing wife in fear of serious physical injury with a rifle, evidence was sufficient to support conviction, even though wife testified she was not afraid, because State introduced evidence that wife was worried defendant had a gun, and she said her mouth became dry with fear.
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| Sims v. State, Court of Appeals No. A-9116, No. 5171,
COURT OF APPEALS OF ALASKA, February 7, 2007, Decided
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Overview: In a case of misconduct involving a controlled substance and second-degree misconduct involving weapons, the failure to instruct on the nexus between possession of a firearm and the felony drug offense constituted plain error because defendant was convicted without the jury finding a required element of the weapons crime, Alaska Stat. § 11.61.195.
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| White v. State, Court of Appeals No. A-9337, No. 5172,
COURT OF APPEALS OF ALASKA, February 7, 2007, Decided
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Overview: Defendant claimed that his sentence for fourth-degree misconduct involving a controlled substance was illegal; however, sentence was not in violation of Sixth Amendment under Blakely because whether an aggravator Alaska Stat. § 12.55.155(c)(7), which involved seriousness of a prior felony, was applicable was a question for judge, not jury.
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| Bickford v. State Dep't of Educ., Supreme Court No. S-11731, No. 6097,
SUPREME COURT OF ALASKA, February 9, 2007, Decided
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Overview: The state education department properly returned a mother's original IDEA complaint instead of deciding its merits where the complaint raised issues beyond the department's jurisdiction and failed to specify whether the mother meant to file it as a civil action, a request for an IDEA due process hearing, or an IDEA administrative complaint.
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| Carr v. Carr, Supreme Court No. S-11598, No. 6098,
SUPREME COURT OF ALASKA, February 9, 2007, Decided
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Overview: A superior court's order dividing the parties' marital property was upheld where, inter alia, a residence was properly classified as marital property, the husband offered no legitimate reason to overturn an even property distribution, and the trial judge had properly refused to recuse himself after presiding over the husband's criminal case.
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| Mahan v. Era Aviation, Inc., Supreme Court No. S-11418, No. 1270,
SUPREME COURT OF ALASKA, February 14, 2007, Decided
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Overview: Ground worker alleged that she was hit by cargo that was flown in by helicopter pilot. Trial court did not err in allowing worker's attorney to withdraw and refusal to continue on-going trial for worker to locate new attorney was not error. Lack of negligence per se instruction was not error because worker never asked for such an instruction.
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| Richardson v. State, Court of Appeals No. A-9310, No. 5175,
COURT OF APPEALS OF ALASKA, February 14, 2007, Decided
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Overview: After conviction for first-degree assault, and two petitions to revoke probation, defendant moved to correct illegal sentence, pursuant to Alaska R. Crim. P. 35(a), claiming that aggravating factors were for jury to decide. Alaska Stat. § 12.55.155(c)(19) factor fell under prior conviction exception, which made sentence Blakely compliant.
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