Alaska, March, 2003, State Case law

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State Courts - Alaska - March 14 - March 19, 2003

Anchorage Police & Fire Ret. Sys. v. Gallion, Supreme Court No. S-9880, No. 5672, SUPREME COURT OF ALASKA, March 14, 2003, Decided
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Overview: A finding of criminal contempt against the Anchorage Police & Fire Retirement System was proper in part, where there was a finding of willfulness involved in defying a court order involving distributions.

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Dailey v. State, Court of Appeals No. A-7969, No. 1861, COURT OF APPEALS OF ALASKA, March 14, 2003, Decided
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Overview: Defendant was properly convicted of failing to comply with the Alaska Sex Offender Registration Act, as his preparation of required sworn quarterly verification reports, but failure to swear or attest to their accuracy, violated the Act.

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Jones v. State, Court of Appeals No. A-7826, No. 1860, COURT OF APPEALS OF ALASKA, March 14, 2003, Decided
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Overview: Statement given by a defendant in custody, after the police promised that the statement would be "off the record," was taken in violation of the defendant's Miranda rights. The trial court erred by failing to suppress the statement.

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State v. Carlson, Supreme Court Nos. S-10091/10101, No. 5673, SUPREME COURT OF ALASKA, March 14, 2003, Decided
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Overview: In a lawsuit centering on whether Alaska could charge nonresidents more for commercial fishing licenses than it charged residents, the State's methodology for calculating direct and indirect costs associated with fisheries management was proper.

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Tipikin v. Municipality of Anchorage, Court of Appeals No. A-7881, No. 1858, COURT OF APPEALS OF ALASKA, March 14, 2003, Decided
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Overview: Defendant's conviction for assault on his stepdaughter was proper, where there was enough relevant evidence for a jury to conclude that he slapped her because he was angry, not because doing so was reasonably necessary to promote her welfare.

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Tuttle v. State, Court of Appeals No. A-8077, No. 1859, COURT OF APPEALS OF ALASKA, March 14, 2003, Decided
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Overview: On issue of whether defendant possessed firearm during the robbery for purposes of determining his presumptive sentence, trial court applied the wrong standard of proof because the State was obliged to prove that fact beyond a reasonable doubt.

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Amos v. State, Court of Appeals No. A-7226, No. 4678, COURT OF APPEALS OF ALASKA, March 19, 2003, Decided
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Overview: Where defendant had extensive prior record and performed poorly on probation, defendant had poor prospects for rehabilitation, and composite 30-year sentence for first-degree robbery and first-degree sexual assault was not excessive.

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Gottschalk v. State, Court of Appeals No. A-8033, No. 4677, COURT OF APPEALS OF ALASKA, March 19, 2003, Decided
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Overview: Evidence that defendant admitted to having a gun and ammunition, along with circumstantial evidence of finding defendant's coat where gun and ammunition were found, was sufficient evidence to convict defendant for misconduct involving weapons.

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