Alaska, March, 2004, State Case law

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State Courts - Alaska - March 31, 2004

Allen v. State, Court of Appeals No. A-8261, No. 4848, COURT OF APPEALS OF ALASKA, March 31, 2004, Decided
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Overview: Trial court did not err by refusing to suppress evidence the police obtained during a traffic stop where they had the authority to enforce state traffic laws, and no instruction regarding the reliability of eyewitness identification was required.

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Cook v. State, Court of Appeals No. A-7947, No. 4847, COURT OF APPEALS OF ALASKA, March 31, 2004, Decided
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Overview: Trial court did not abuse its discretion when it allowed the State to peremptorily challenge a juror after jury selection was done but before the jurors were sworn. New information raised a significant doubt concerning the juror's ability to be fair.

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Edenshaw v. State, Court of Appeals No. A-8564, No. 4854, COURT OF APPEALS OF ALASKA, March 31, 2004, Decided
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Overview: Judge did not err in imposing remaining three years of defendant's sentence for sexual assault of a 12-year-old boy; defendant was a confirmed alcoholic who was resistant to, or unable to benefit from, both substance abuse and sex offender treatment.

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Fernandez v. State, Court of Appeals No. A-8484, No. 4845, COURT OF APPEALS OF ALASKA, March 31, 2004, Decided
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Overview: Defendant failed to establish that he was physically prevented from filing his petition for post-conviction relief within two years of the entry of judgment; therefore, the trial court was justified in dismissing his petition as time-barred.

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Howe v. State, Court of Appeals No. A-8493, No. 4852, COURT OF APPEALS OF ALASKA, March 31, 2004, Decided
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Overview: Evidence known at the time defendant pleaded no contest to two misdemeanor offenses did not constitute newly discovered evidence for purposes of postconviction relief, and a mistaken belief as to the sentencing outcome did not vitiate his plea.

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Inga v. State, Court of Appeals No. A-8456, No. 4846, COURT OF APPEALS OF ALASKA, March 31, 2004, Decided
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Overview: In a sexual assault trial, trial court did not abuse discretion in allowing evidence of a prior sexual assault. Both assaults involved situations in which defendant took advantage of a young female relative who was asleep or impaired by intoxication.

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Jackson v. Municipality of Anchorage, Court of Appeals No. A-8391, No. 4853, COURT OF APPEALS OF ALASKA, March 31, 2004, Decided
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Overview: Because evidence introduced at defendant's hearing showed that a police officer had probable cause to stop him on ground that his vehicle had no registration plates or temporary tag displayed, judge did not err in denying motion to dismiss charge.

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Parker v. State, Court of Appeals No. A-8114, No. 4850, COURT OF APPEALS OF ALASKA, March 31, 2004, Decided
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Overview: Defendant's alleged mistake concerning the admissibility of police testimony did not substantially affect his decision-making with regards to his pleas; thus, it was not a fair and just reason for allowing him to withdraw his three felony pleas.

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Smith v. State, Court of Appeals No. A-7964, No. 4849, COURT OF APPEALS OF ALASKA, March 31, 2004, Decided
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Overview: In a first-degree murder case, reasonable suspicion supported an investigative stop, and defendant's answer of "Well, yeah," when asked if he wished to waive his Miranda rights and talk to the police was sufficient to establish a voluntary waiver.

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Smith v. State, Court of Appeals No. A-8414, No. 4851, COURT OF APPEALS OF ALASKA, March 31, 2004, Decided
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Overview: Informant never asserted that he had observed defendant engage or admit participation in criminal activity; thus, State failed to establish probable cause for issuance of warrant for electronic monitoring and defendant's drug conviction was reversed.

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