Alaska, March, 2004, State Case law

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State Courts - Alaska - March 5 - March 17, 2004

Larson v. Cooper, Supreme Court No. S-10327, Supreme Court No. S-10431, No. 5786, SUPREME COURT OF ALASKA, March 5, 2004, Decided
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Overview: Visitation rules limiting physical contact did not violate maximum security prisoner's constitutional right to free exercise of religion, and temporary interruption of prisoner's contact visitation did not interfere with protectable liberty interest.

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Delagarza v. State, Court of Appeals No. A-8446, No. 4838, COURT OF APPEALS OF ALASKA, March 10, 2004, Decided
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Overview: Inmate sentenced to the presumptive term of 15 years' imprisonment for his conviction for first-degree robbery was not entitled to post-conviction relief. He failed to show that his counsel was ineffective at the sentencing phase.

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Native Village of Eklutna v. Alaska R.R. Corp., Supreme Court No. S-10270, No. 5787, Supreme Court No. S-10279, SUPREME COURT OF ALASKA, March 12, 2004, Decided
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Overview: In a village's action to stop a state railroad from blasting in an adjacent quarry, the trial court improperly found the state railroad exempt from a municipality's zoning laws under the Alaska Railroad Corporation Act.

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Charles v. State, Court of Appeals No. A-8401, No. 4840, COURT OF APPEALS OF ALASKA, March 17, 2004, Decided
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Overview: Defendant's motion to suppress admission to driving while intoxicated was properly denied, where he voluntarily talked with officers, who gave no indication he was not free to leave or stop talking and told him they were checking for intoxication.

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Hall v. State, Court of Appeals No. A-8402, No. 4839, COURT OF APPEALS OF ALASKA, March 17, 2004, Decided
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Overview: In a criminal trial for giving false information to a police officer, the superior court erred by failing to determine whether defendant's identity would have been discovered inevitably.

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Louise A. v. Div. of Family & Youth Servs., Supreme Court No. S-11048, No. 1162, SUPREME COURT OF ALASKA, March 17, 2004, Decided
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Overview: The superior court properly terminated a mother's parental rights to her son where termination would make it easier to administer psychotropic medications, allow for adoptive placement, and eliminate the mother's sporadic visitation.

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Wells v. Wells, Supreme Court Nos. S-11057/11069, No. 1161, SUPREME COURT OF ALASKA, March 17, 2004, Decided
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Overview: In a divorce case, superior court properly awarded joint custody of the couple's children, declined to consider the tax consequences of liquidating the husband's 401(k), and made the wife responsible for tax resulting from her separate tax filing.

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