Alaska, March, 2003, State Case law

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State Courts - Alaska - March 21 - March 28, 2003

Enders v. Parker, Supreme Court No. S-9341/9391, No. 5675, SUPREME COURT OF ALASKA, March 21, 2003, Decided
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Overview: The denial of the stepdaughter's claim for costs and attorney's fees arising out of her unsuccessful prosecution of a will contest was improper where the statute did not require that the actions benefit the estate before expenses could be recovered.

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Erica A. v. Dep't of Health & Soc. Servs., Supreme Court No. S-10234, No. 5674, SUPREME COURT OF ALASKA, March 21, 2003, Decided
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Overview: State presented overwhelming evidence of mother's repeated failure to care appropriately for children and her lack of success in treatment for abuse of methamphetamine and other drugs. Expert testimony supported termination of parental rights.

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Perrin v. State, Court of Appeals No. A-7696, No. 1862, COURT OF APPEALS OF ALASKA, March 21, 2003, Decided
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Overview: The trial court erred when it barred defendant's testimony; defendant was entitled to testify that he did not have the conscious objective to withhold his child for a protracted period, even if his proffered testimony did not appear plausible.

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Marx v. Benzel, Supreme Court No. S-10996; Order No. 44, SUPREME COURT OF ALASKA, March 25, 2003, Decided
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Overview: Plaintiff was attorney's "former client," even though the attorney was not retained by plaintiff; substantial relationship test was met, because the conveyance of a house by plaintiff to defendant was discussed between plaintiff and the attorney.

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Harris v. State, Court of Appeals No. A-8331, No. 4680, COURT OF APPEALS OF ALASKA, March 26, 2003, Decided
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Overview: Where defendant had an extensive criminal record, and the crimes were more serious than the negotiated charge to second-degree burglary and third-degree criminal mischief, defendant's composite sentence was not clearly mistaken.

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Mohr v. State, Court of Appeals No. A-8063, No. 4679, COURT OF APPEALS OF ALASKA, March 26, 2003, Decided
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Overview: Where defendant acted with intent to promote or facilitate commission of assault on victim, and defendant knowingly aided or abetted his co-defendants in commission of assault, the evidence supported defendant's conviction on an assault charge.

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Hixson v. Sarkesian, Supreme Court Nos. S-10316/S-10335, No. 5677, SUPREME COURT OF ALASKA, March 28, 2003, Decided
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Overview: Mere fact that father had a 15 percent decrease in income, where his income still exceed the child support income cap, was not grounds to waive parties' agreement to exceed the cap and impose the cap in modifying his child support obligation.

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Jerue v. Millett, Supreme Court No. S-9076, No. 5676, SUPREME COURT OF ALASKA, March 28, 2003, Decided
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Overview: Where shareholders who filed derivative suit against directors of village corporation without making pre-suit demand were not prevailing parties, as their failure to make demand was not excused, shareholders were not entitled to attorney fees.

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Stavenjord v. State, Court of Appeals No. A-7418, No. 1863, COURT OF APPEALS OF ALASKA, March 28, 2003, Decided
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Overview: Where pre-trial publicity regarding defendant complicated jury selection, but jurors selected did not conceal latent prejudices about case that threatened defendant's right to a fair trial, trial court properly denied a motion to change venue.

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