Alaska, April, 2009, State Case law

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State Courts - Alaska - April 10 - April 15, 2009

Adkins v. Stansel, Supreme Court No. S-13114, No. 6360, SUPREME COURT OF ALASKA, April 10, 2009, Decided
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Gibson v. State, Court of Appeals No. A-9720, No. 2212, COURT OF APPEALS OF ALASKA, April 10, 2009, Decided
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Overview: In a case in which defendant was convicted of drug offenses, police unlawfully entered defendant's trailer following his arrest. Although the State argued that police were authorized to enter the trailer under the emergency aid exception to the warrant requirement, police had no reason to believe that there was anyone else in the trailer.

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Reust v. Alaska Petroleum Contrs., Inc., Supreme Court No. S-12863, No. 6359, SUPREME COURT OF ALASKA, April 10, 2009, Decided
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Shea v. Dep't of Admin, Div. of Ret. and Ben., Supreme Court No. S-12869, No. 6358, SUPREME COURT OF ALASKA, April 10, 2009, Decided
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Alexie v. State, Court of Appeals No. A-9941, No. 5471, COURT OF APPEALS OF ALASKA, April 15, 2009, Decided
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Overview: Where two public defender agency attorneys represented appellant on sexual assault and sexual abuse charges, one of the attorneys also represented the victim. The superior court erred by dismissing appellant's application filed for post-conviction relief in which he raised the attorneys' conflicts of interest under Alaska R. Prof. Conduct 1.7.

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Gonzalez v. Alejandro Reina Bernal, Supreme Court No. S-12784, No. 1338, SUPREME COURT OF ALASKA, April 15, 2009, Decided
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Leichty v. State, Court of Appeals No. A-9963, No. 5469, COURT OF APPEALS OF ALASKA, April 15, 2009, Decided
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Smith v. State, Court of Appeals No. A-9596, No. 5468, COURT OF APPEALS OF ALASKA, April 15, 2009, Decided
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Overview: Defendant convicted of felony murder under Alaska Stat. ? 11.41.110(a)(3) was not entitled to a jury instruction on the lesser included offense of manslaughter because the jury convicted defendant of the felony of robbery. It would have been irrational for the jury to have acquitted defendant of felony murder under these circumstances.

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Van Doren v. State, Court of Appeals No. A-9613, No. 5470, COURT OF APPEALS OF ALASKA, April 15, 2009, Decided
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Overview: Defendant was not entitled to have the breath test refusal charge under Alaska Stat. ? 28.35.032(p) dismissed based on the trooper's misinforming him about the penalty he faced if he refused because record supported the judge's finding that defendant's decision to refuse was not based on the inaccurate warning.

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