Alaska, April, 2003, State Case law

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State Courts - Alaska - April 18 - April 23, 2003

Conner v. Conner, Supreme Court No. S-102730, SUPREME COURT OF ALASKA, April 18, 2003, Decided
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Overview: The trial court erred by imputing the husband's disability payments from his retirement income when dividing the parties' marital property, in calculating the maturity date of his retirement benefits, and by awarding rehabilitative alimony.

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Coughlin v. Gov't Emples. Ins. Co. Geico, Supreme Court No. S-10072, No. 5681, SUPREME COURT OF ALASKA, April 18, 2003, Decided
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Overview: Where insured settled with driver's insurer for $ 40,000 in cash and assumed responsibility for a $ 10,000 medical lien, the insured settled for the policy limits of $ 50,000, and therefore was entitled to pursue UIM coverage from her insured.

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Myers v. Alaska Hous. Fin. Corp., Supreme Court No. S-9941, No. 5682, SUPREME COURT OF ALASKA, April 18, 2003, Decided
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Overview: Selling right to receive future revenue from tobacco lawsuit settlement was constitutional where appropriation power included selling state assets; settlement was not traditional source of revenue; legislature had responsibility to manage risk.

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Nelson v. State, Court of Appeals No. A-8113, COURT OF APPEALS OF ALASKA, April 18, 2003, Decided
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Overview: There was no indication that jurors who were sworn to try defendant's case were anything but fair, impartial, open-minded jurors; therefore, trial court did not abuse its discretion when it denied defendant's request to discharge the entire panel.

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Ayagarak v. State, Court of Appeals No. A-8066, No. 4695, COURT OF APPEALS OF ALASKA, April 23, 2003, Decided
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Overview: Where defendant claimed self-defense in using force against his wife, evidence of prior assaults against the wife were relevant to rebut defendant's claim of self-defense and to show the nature of the spouses' relationship.

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Christian v. State, Court of Appeals No. A-7985, No. 4692, COURT OF APPEALS OF ALASKA, April 23, 2003, Decided
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Overview: In a prosecution of defendant for second degree sexual abuse of a minor, the trial court did not err in preventing defendant from offering evidence about an incident involving the victim's father; this incident was not relevant to the defense.

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Deveraux v. State, Court of Appeals No. A-8135, No. 4694, COURT OF APPEALS OF ALASKA, April 23, 2003, Decided
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Overview: The trial court did not err in dismissing defendant's successive application for postconviction relief because the application did not state a prima facie case of ineffective assistance of counsel.

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Raphael v. State, Court of Appeals No. A-8025, No. 4693, COURT OF APPEALS OF ALASKA, April 23, 2003, Decided
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Overview: The evidence was supported by substantial evidence that defendant committed first-degree assault and reckless endangerment on the date alleged in the indictment, despite one child witness's inability to exactly remember the date of the offense.

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