Alaska, March, 2009, State Case law

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State Courts - Alaska - March 25, 2009

Dieringer v. Martin, Supreme Court No. S-12904, No. 1337, SUPREME COURT OF ALASKA, March 25, 2009, Decided
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Overview: Defendant co-trustee was entitled to an award of attorney fees under Alaska R. Civ. P. 68(b) even when co-defendant co-trustee did not prevail and defense counsel intermingled in billing entries the work done on behalf of each client, but the award was to be limited to the fees incurred for work unique to defendant co-trustee.

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Hertz v. State, Court of Appeals No. A-10183, No. 5457, COURT OF APPEALS OF ALASKA, March 25, 2009, Decided
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Poage v. Municipality of Anchorage, Court of Appeals No. A-10068, No. 5458, COURT OF APPEALS OF ALASKA, March 25, 2009, Decided
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Redmon v. State, Court of Appeals No. A-9962, No. 5459, COURT OF APPEALS OF ALASKA, March 25, 2009, Decided
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Overview: A composite sentence of 8 months for driving under the influence and criminal mischief in the third degree, under Alaska Stat. ?? 28.35.030(a), 11.46.482(a)(7), was not clearly mistaken because defendant's alcohol level was more than twice the legal limit and he had three incidents involving drinking and driving in a short period of time.

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Saddler v. State, Court of Appeals No. A-9846, No. 5456, COURT OF APPEALS OF ALASKA, March 25, 2009, Decided
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Overview: A trial judge did not abuse his discretion in finding a manifest necessity for a mistrial, where defense counsel requested a mid-trial continuance to evaluate a lab report, because the continuance was of an uncertain duration; any further proceedings would not be barred by the double jeopardy clause.

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Smith v. State, Court of Appeals No. A-8735, No. 5460, COURT OF APPEALS OF ALASKA, March 25, 2009, Decided
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Overview: A trial court found that defendant's confession to two counts of first-degree murder, under Alaska Stat. ? 11.41.100(a)(1)(A), was not in exchange for an agreement with officers that defendant would receive a full pardon because the trial judge found that the officers' testimony was more credible than defendant's testimony.

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Stone v. State, Court of Appeals No. A-10174, No. 5455, COURT OF APPEALS OF ALASKA, March 25, 2009, Decided
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Overview: Defendant had no right to appeal his sentence as excessive because his sentence of 9 years to serve was well within the range for criminally negligent homicide, under Alaska Stat. ? 12.55.125(d), and because defendant failed to establish that the Public Defender Agency acted incompetently in declining to file a petition for sentence review.

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