Alaska, March, 2002, State Case law

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State Courts - Alaska - March 21 - April 3, 2002

In re 2001 Redistricting Cases, Supreme Court No. S-10504, Order No. 39, SUPREME COURT OF ALASKA, March 21, 2002, Decided
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Randall v. State, Court of Appeals No. A-8021, No. 1795, COURT OF APPEALS OF ALASKA, March 22, 2002, Decided
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Overview: Aggravating factors increasing defendant's assault sentence above presumptive term and conviction for factually separate theft provided good cause for sentencing court to exceed the presumptive term for defendant's assault conviction.

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Freeman v. State, No. A-7658, No. 4550, COURT OF APPEALS OF ALASKA, March 27, 2002, Decided
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Overview: Where evidence against defendant in murder case was strong and it was extremely unlikely that evidence he fired a gun at a stereo a few months earlier had any appreciable effect on the jury's verdict, its admission was harmless error.

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Pence v. State, No. A-7949 No. 4549, COURT OF APPEALS OF ALASKA, March 27, 2002, Decided
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Overview: State trooper's comment at DWI trial about defendant's post-arrest exercise of his right to remain silent was improper; however, trial judge immediately recognized that, sua sponte intervened, and gave jury appropriate curative instruction.

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Hubbard v. Hubbard, Supreme Court No. S-9562, No. 5554, SUPREME COURT OF ALASKA, March 29, 2002, Decided
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Overview: Step-father was equitably estopped from disestablishing paternity of stepson because of financial harm step-son would suffer; step-father participated in decision, with mother, to terminate child support proceedings against biological father.

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Miller v. State, Court of Appeals No. A-7804, No. 1796, COURT OF APPEALS OF ALASKA, March 29, 2002, Decided
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Overview: Defendant failed to prove that his conduct fell among least serious encompassed by definition of attempted second-degree sexual abuse, where his conduct was in no sense mitigated by fact that he may have also committed separate crime.

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State v. Zeciri, No. A-7712, COURT OF APPEALS OF ALASKA, March 29, 2002, Decided
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Overview: Court erred by granting defendant's postconviction relief motion where court failed to make specific findings regarding the ineffectiveness of defendant's counsel.

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Frankson v. State, No. A-6802 , No. 4553, COURT OF APPEALS OF ALASKA, April 3, 2002, Decided
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Overview: Where defendant committed an intentional predatory assault with a deadly weapon that resulted in the brutal death of victim, and defendant had a history of recent violence, 60-year net sentence was not clearly mistaken.

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Moehlin v. State, Court of Appeals No. A-8003, No. 4551, COURT OF APPEALS OF ALASKA, April 3, 2002, Decided
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Overview: Defendant's decision to struggle with trooper, rather than allow trooper to control his hands, led not only to trooper's use of pepper spray, but to intervention of bystanders, creating hazard that supported disorderly conduct conviction.

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Williams v. State, No. A-7732, No. 4552, COURT OF APPEALS OF ALASKA, April 3, 2002, Decided
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Overview: Where defendant placed his character in issue in issue at trial and failed to object to cross-examination of his character witness during trial, defendant failed to show how failure to limit cross-examination was prejudicial to defendant.

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