Alaska, April, 2003, State Case law

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State Courts - Alaska - April 2 - April 9, 2003

Bauer v. State, Court of Appeals No. A-7755, COURT OF APPEALS OF ALASKA, April 2, 2003, Decided
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Overview: An inmate was not entitled to postconviction relief because neither a security video nor testimony from his co-defendant's estranged wife were newly discovered evidence and his attorney did not promise him a shorter sentence than the one he received.

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Nelson v. State, Court of Appeals No. A-8031, COURT OF APPEALS OF ALASKA, April 2, 2003, Decided
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Overview: In a sexual assault case, the trial court properly allowed the State, after discovery had begun, to raise the affirmative defense that defendant's post-conviction claims were barred for his failure to raise them on direct appeal.

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Nicoli v. State, Court of Appeals No. A-8180, COURT OF APPEALS OF ALASKA, April 2, 2003, Decided
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Overview: The trial judge properly prevented the defense from asking jurors to draw an inference of innocence from defendant rejecting a proposed plea bargain. Defendant could be forbidden from returning to the village except to visit his children.

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Westbrook v. State, Court of Appeals No. A-8334, COURT OF APPEALS OF ALASKA, April 2, 2003, Decided
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Overview: Even if defendant was an exceptionally mature 19-year-old, it was still constitutional for the Alaska Legislature to require defendant to wait until she turned 21 before she drank alcoholic beverages.

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Hillis v. State, Court of Appeals No. A-7456, COURT OF APPEALS OF ALASKA, April 9, 2003, Decided
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Overview: Trial court did not err by instructing the jury that, to convict defendant for failing to endeavor to salvage the meat killed by his client, he had to have done so knowingly, and the argument that the meat unavoidably spoiled was no defense.

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Holtslag v. State, Court of Appeals No. A-8266, No. 4685, COURT OF APPEALS OF ALASKA, April 9, 2003, Decided
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Overview: The denial of defendant's motion to suppress was proper where his stop was justified due his reckless driving of the snow machine; once stopped, the troopers justified their decision to investigate whether defendant might have been intoxicated.

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Peterson v. State, Court of Appeals No. A-8176, No. 4688, COURT OF APPEALS OF ALASKA, April 9, 2003, Decided
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Overview: State law did not require the State to prove that the driver's engine was running or that he was attempting to start the engine in order to convict him for DWI, as actual physical control of a vehicle was the intent behind the DWI statute.

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Tunnell v. State, Court of Appeals Nos. A-7390/7464/7792, No. 4686, COURT OF APPEALS OF ALASKA, April 9, 2003, Decided
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Overview: Trial court properly denied defendant's motion to suppress because the officer' search warrant affidavit did not contain intentional or reckless misstatements, and a nexus was shown between defendant's possession of a gun and his drug offenses.

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