Alaska, April, 2002, State Case law

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State Courts - Alaska - April 5 - April 10, 2002

Demmert v. Kootznoowoo, Inc., Supreme Court No. S-9348, No. 5555, SUPREME COURT OF ALASKA, April 5, 2002, Decided
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Overview: The trial court's findings supported the village's claims that neither the distribution of longshoring employment opportunities nor the payment of workers' travel costs constituted discriminatory distribution of corporate wealth or dividends.

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Decker v. State, Court of Appeals No. A-7666, No. 4557, COURT OF APPEALS OF ALASKA, April 10, 2002, Decided
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Overview: Where evidence that North Pole police officers were aware of facts and circumstances warranting a belief that defendant had committed offense of DWI, police had probable cause to arrest defendant for DWI.

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Earl v. State, Court of Appeals No. A-7385, No. 4555, COURT OF APPEALS OF ALASKA, April 10, 2002, Decided
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Overview: Murder sentence was not excessive where defendant obtained scissors to continue the assault after he first stabbed victim and bent the knife. Defendant opened the door to admission of evidence of his violent propensity and victim's peacefulness.

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Kendall v. State, No. A-7900, COURT OF APPEALS OF ALASKA, April 10, 2002, Decided
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Overview: Where rear turn signal on defendant's car was emitting white light, police officer had probable cause to make a traffic stop, and evidence resulting from that stop was admissible at trial.

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Phillips v. State, No. A-8090, COURT OF APPEALS OF ALASKA, April 10, 2002, Decided
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Overview: Given defendant's prior record and extensive spree of burglaries and thefts, and destruction to a cemetery, sentencing court was not clearly mistaken in finding defendant's criminal behavior justified the imposed sentence.

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Richards v. State, Court of Appeals No. A-7846, No. 4554, COURT OF APPEALS OF ALASKA, April 10, 2002, Decided
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Overview: Where police officer's presentation to magistrate did not adequately establish informer as citizen informant or corroborate the informant's information, search warrant was issued without probable cause.

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S v. State, No. A-7554, COURT OF APPEALS OF ALASKA, April 10, 2002, Decided
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Semaken v. State, Court of Appeals No. A-7966, No. 4559, COURT OF APPEALS OF ALASKA, April 10, 2002, Decided
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Overview: State trooper had a reasonable basis to conclude that defendant needed motorist assistance after watching his vehicle gradually slow and then drift off to the side of the road and stop; thus, the investigatory stop was not illegal.

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Varilek v. City of Houston, Supreme Court No. S-9989, No 1072, SUPREME COURT OF ALASKA, April 10, 2002, Decided
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Overview: Business owner's claims challenging the constitutionality of certain Borough land use regulations were properly dismissed, as the owner failed to exhaust his administrative remedies.

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