Alaska, April, 2005, State Case law

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State Courts - Alaska - April 8 - April 13, 2005

Clement v. Fulton, Supreme Court No. S-11077, No. 5883, SUPREME COURT OF ALASKA, April 8, 2005, Decided
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Overview: In a case involving allocation of wrongful death proceeds, a court did not err by finding that the decedent's life expectancy might have exceeded one year if she had been correctly diagnosed with leukemia because the court could have permissibly read a reference to long-term survival to imply that proper care made long-term survival a possibility.

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Brewer v. State, Court of Appeals No. A-8794, No. 4980, COURT OF APPEALS OF ALASKA, April 13, 2005, Decided
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Overview: There was sufficient evidence that the commonly used form of marijuana defendant possessed was four ounces or more because defendant was allowed to argue that the marijuana buds were the only "commonly used form" found on the plants.

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Zwingelberg v. State, Court of Appeals No. A-8762, No. 4979, COURT OF APPEALS OF ALASKA, April 13, 2005, Decided
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Overview: Trial court did not err in denying defendant's suppression motion because police had probable cause to arrest him for DWI at the time they went to his home, thus they were entitled to wait for him on the porch and wife's consent for police to enter the home was voluntary where her communications with the officers did not reflect duress or coercion.

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