Alaska, April, 2002, State Case law

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State Courts - Alaska - April 12 - April 19, 2002

Liimatta v. Vest, Supreme Court Nos. S-9289/9320, No. 5556, SUPREME COURT OF ALASKA, April 12, 2002, Decided
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Overview: Where evidence of victim's pre-accident drug-seeking behavior was highly relevant to central issues and claims in victim's suit for damages arising out of car/bicycle accident, trial court abused its discretion by excluding evidence.

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Pasco v. State, Supreme Court No. S-9920, No. 5557, SUPREME COURT OF ALASKA, April 12, 2002, Decided
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Overview: Where hearing officer's finding that driver did not drive fiery car in response to an emergency was supported by substantial evidence, necessity defense was properly rejected and revocation of driver's motor vehicle license was affirmed.

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State v. Judson, Court of Appeals No. A-8050, No. 1798, COURT OF APPEALS OF ALASKA, April 12, 2002, Decided
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Overview: Where defendant's time spent at residential alcohol treatment facility met case law requirement in that it was the functional equivalent of incarceration, defendant was entitled to credit for the time against his minimum sentence.

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Ashepak v. State, Court of Appeals No. A-7817, No. 4562, COURT OF APPEALS OF ALASKA, April 17, 2002, Decided
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Overview: Where facts showed that defendant was a sexual predator, presented a continued risk to sexually assault women, and was completely unamenable to probation, 15 year flat time sentence was not clearly mistaken.

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Johnston v. State, Court of Appeals No. A-7383, No. 4561, COURT OF APPEALS OF ALASKA, April 17, 2002, Decided
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Overview: Where trial court did not ascertain if thermal scan of defendant's property by police was a material omission that influenced probable cause finding, case was remanded case for explicit finding on effect of thermal scan on police investigation.

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Pearce v. State, Court of Appeals No. A-7445, No. 1799, COURT OF APPEALS OF ALASKA, April 19, 2002, Decided
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Overview: Where evidence supported a finding that defendant lacked a subjective expectation of privacy in handwritten suicide note found by police, officer's reading and seizure of suicide not did not violate defendant's Fourth Amendment rights.

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Valdez Fisheries Dev. Ass'n v. Alyeska Pipeline Serv. Co., Supreme Court Nos. S-8280/8549, Supreme Court Nos. S-8330/8549, No. 5558,, SUPREME COURT OF ALASKA, April 19, 2002, Decided
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Overview: Where oil company's "winning bid" letter expressed oil company's intent to begin negotiating contract with fishery, the letter did not communicate an unequivocal acceptance of fishery's offer and thus fishery's breach of contract claim failed.

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