Alaska, March, 2002, State Case law

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State Courts - Alaska - March 13 - March 20, 2002

Darbey v. State, Court of Appeals No. A-8199, No. 4543, COURT OF APPEALS OF ALASKA, March 13, 2002, Decided
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Overview: Defendant's felony failure to appear was an offense not included in the presumptive sentencing scheme, therefore whether defendant's prior felony convictions qualified as prior convictions for purposes of presumptive sentencing was irrelevant.

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Fields v. State, Court of Appeals No. A-7989, No. 4544, COURT OF APPEALS OF ALASKA, March 13, 2002, Decided
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Overview: The officers had a reasonable suspicion to justify an investigative stop, were entitled to ask defendant if she had been drinking, and when defendant admitted drinking, the officers were justified in conducting a DWI investigation.

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Stotesbury v. State, Court of Appeals No. A-8027, No. 4545, COURT OF APPEALS OF ALASKA, March 13, 2002, Decided
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Overview: Where the written judgment specified that defendant's terms were consecutive, but the court's comment implied the sentences were imposed concurrently, defendant's sentence was vacated for an amended judgment imposing concurrent terms.

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Williams v. State, Court of Appeals No. A-7858, No. 4542, COURT OF APPEALS OF ALASKA, March 13, 2002, Decided
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Overview: Where defendant and his mother were told at least twice by police that they could kick the officers out of their home at any time they wanted to, defendant voluntarily consented to police entering home and searching defendant's room.

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Kallstrom v. United States, Supreme Court No. S-9332, No. 5553, SUPREME COURT OF ALASKA, March 15, 2002, Decided
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Overview: Claim of negligent infliction of emotional distress, absent physical injury, was not available to individual solely because she was made the unwitting instrument of serious injury to unrelated victim, through appellee's negligence.

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Kinnard v. Kinnard, Supreme Court No. S-10207, No. 5550, SUPREME COURT OF ALASKA, March 15, 2002, Decided
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Overview: Court's order for shared custody between father and stepmother was not clearly erroneous, where substantial evidence showed stepmother became child's psychological parent and that removal of stepmother from child's life would be devastating.

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R.G. v. State, Supreme Court No. S-10114, No. 5552, SUPREME COURT OF ALASKA, March 15, 2002, Decided
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Overview: The superior court did not err in terminating the mother's parental rights because the evidence regarding the mother's personality disorder supported termination on the ground that the minor was a child in need of aid.

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Snyder v. Dep't of Pub. Safety, Supreme Court No. S-9565, No. 5551, SUPREME COURT OF ALASKA, March 15, 2002, Decided
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Overview: Due process precluded new hearing officer from revising original officer's assessment of testimonial credibility in license revocation hearing without giving driver advance notice of reassignment and an opportunity to re-present live testimony.

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Guerrero v. State, Court of Appeals No. A-7898, No. 4546, COURT OF APPEALS OF ALASKA, March 20, 2002, Decided
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Overview: Prisoner who merely adopted and incorporated his appellate arguments by reference to lower court memoranda did not comply with rules of appellate procedure, and therefore appellate court did not have to consider prisoner's arguments.

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Mann v. State, Court of Appeals No. A-8034, No. 4547, COURT OF APPEALS OF ALASKA, March 20, 2002, Decided
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Overview: Where defendant had a history of alcohol related assaults, sentencing court was not clearly mistaken in emphasizing treatment for defendant and placing defendant on probation for 10 years following, his imprisonment.

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