Alaska, March, 2005, State Case law

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State Courts - Alaska - March 9 - March 11, 2005

Connelly v. Pidge, Supreme Court No. S-10441, No. 1204, SUPREME COURT OF ALASKA, March 9, 2005, Decided
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Overview: In support and fee dispute, wife was barred from arguing trial court erred in ordering GAL fees were to be paid from court registry because wife had moved, pursuant to Alaska R. Civ. P. 60(a), for correction to record, and she failed to appeal motion's denial; trial court did err in finding no support was owed because hearing should have been held.

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Damitz v. State, Court of Appeals No. A-8656, No. 4970, COURT OF APPEALS OF ALASKA, March 9, 2005, Decided
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Overview: In a criminal trial for second-degree theft where defendant took the stand in his own defense, the judge properly ruled under Alaska R. Evid. 404 that the State could impeach defendant with his prior conviction for receiving stolen property, if he testified that he believed that he was authorized to take the equipment.

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Donna A. v. State, Supreme Court No. S-11391, No. 1205, SUPREME COURT OF ALASKA, March 9, 2005, Decided
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Overview: Trial court's adjudication of a son as a child in need of aid pursuant to Alaska Stat. ? 47.10.011 was affirmed because the trial court did not err when it allowed evidence from a social worker about what the son saw and allowed the father to stay in the courtroom. Evidence was sufficient to support the order.

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Huntington v. State, Court of Appeals No. A-8912, No. 4971, COURT OF APPEALS OF ALASKA, March 9, 2005, Decided
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Overview: Trial court's rejection of mitigating factor Alaska Stat. ? 12.55.155(d)(9) when it sentenced defendant convicted of first-degree vehicle theft was not error because defendant had not proven that his conduct was among least serious within definition of the offense; stolen truck had not been returned by defendant but had been recovered fortuitously.

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Soeth v. State, Court of Appeals No. A-8695, No. 4969, COURT OF APPEALS OF ALASKA, March 9, 2005, Decided
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Overview: Defendant's conviction and 99-year sentence for first degree murder under Alaska Stat. ?? 11.41.100, 12.55.125, were affirmed because defendant had not established on appeal any reasons or mitigating factors that warranted imposition of a lesser sentence.

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Kaiser v. Umialik Ins., Supreme Court No. S-11088, No. 5877, SUPREME COURT OF ALASKA, March 11, 2005, Decided
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Overview: Under Alaska Stat. ?? 09.10.070, .053, statute of limitations for tort actions was two years and three years for contract actions. Thus, complaint alleging bad faith in denial of insured's claim filed over four years later was untimely. Untimeliness was not excused as insurers were not estopped from relying on statute and statute was not tolled.

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Lana C. v. Cameron P., Supreme Court No. S-10272, No. 5875, SUPREME COURT OF ALASKA, March 11, 2005, Decided
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Overview: Non-disclosure order entered during child custody settlement seeking to bar mother from presenting relevant evidence in domestic violence proceedings was void as contrary to public policy; trial court erred in finding mother in contempt for disclosing allegations in petition for protective order.

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Lawson v. Lawson, Supreme Court No. S-11260, No. 5876, SUPREME COURT OF ALASKA, March 11, 2005, Decided
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Overview: Regarding child support, the supreme court concluded that Alaska R. Civ. P. 90.3 was not vague and that its previous holding in Coghill was not clearly erroneous; it also saw no reason to conclude that its previous holding that the percentage of income approach had a fair and substantial relationship to the goals of rule 90.3 was clearly erroneous.

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Phillips v. Gieringer, Supreme Court No. S-10909, No. 5878, SUPREME COURT OF ALASKA, March 11, 2005, Decided
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Overview: Where appellant mistakenly named an insured's father as defendant (both of whom had same auto policy) and moved to amend the complaint to name the insured after the statute of limitations had expired for purposes of relation back under Alaska R. Civ. P. 15(c), there was a presumption that notice to the insurer could be imputed to the insured.

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State v. Savo, Court of Appeals No. A-8583, No. 1975, COURT OF APPEALS OF ALASKA, March 11, 2005, Decided
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Overview: Inmate's post-conviction relief petition was improperly granted as counsel was not ineffective for, inter alia, arguing that victim was lying when she reported that they had engaged in intercourse on morning of alleged rape, and failing to cross-examine her regarding fact that she outweighed inmate and instead pointing it out in his summation.

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