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| Berge v. State, Court of Appeals No. A-8683, No. 4982,
COURT OF APPEALS OF ALASKA, April 20, 2005, Decided
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Overview: Counsel was not ineffective, U.S. Const. amend. VI, for allowing the jury to hear a tape where defendant stated to investigators, "I told you all I have to say", because the tape did not show that he acted guilty by immediately asserting his right to silence; rather, the tape showed him acting in a manner consistent with his claimed innocence.
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| Morgan v. State, Court of Appeals No. A-8639, No. 4981,
COURT OF APPEALS OF ALASKA, April 20, 2005, Decided
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Overview: Court reserved judgment in determining whether a trial court erred in reviewing the evidence in defendant's criminal case on remand where a different judge originally heard the evidence in the bench trial; thus, the parties were asked to brief on the propriety of a mid-trial replace of the judge in a bench trial under Alaska R. Crim. P. 25.
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| Bailey v. Texas Instruments, Inc., Supreme Court No. S-11293, No. 5889,
SUPREME COURT OF ALASKA, April 22, 2005, Decided
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Overview: A court erred in upholding dismissal of an employee's 2001 workers' compensation claim on the ground that it was time-barred under Alaska Stat. § 23.30.110(c) because the 2001 claim was independent of the employee's 1997 and 1999 claims, and because the employee requested a hearing less than two years after the employer controverted his 2001 claim.
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| DeNardo v. Calista Corp., Supreme Court No. S-11183, No. 5890,
SUPREME COURT OF ALASKA, April 22, 2005, Decided
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Overview: Dismissal of an employee's third action under res judicata was not proper because the employee's first state court complaint and federal complaint both included Alaska Stat. § 18.80 claims and stipulation of dismissal of second action preserved claims in federal complaint. Thus stipulation did not prevent litigation of § 18.80 claim in state court.
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| Rodgers v. State, Court of Appeals No. A-8841, No. 1981,
COURT OF APPEALS OF ALASKA, April 22, 2005, Decided
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Overview: A traffic stop was improper if the officer had only reasonable suspicion that defendant ran a stop sign; however, if the officer had probable cause to believe that he had just observed defendant run the stop sign, the traffic stop was legal.
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| State Farm Mut. Auto. Ins. Co. v. Dowdy, Supreme Court No. S-10946, No. 5891,
SUPREME COURT OF ALASKA, April 22, 2005, Decided
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Overview: Trial court's order referring UIM case by insured against insurer regarding daughter's death by drunk driver to arbitration was reversed because disputed coverage issues did not fall within ambit of policy's arbitration clause and questions were not inextricably intertwined with fault and liability issues committed to arbitration under the policy.
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| Goldsbury v. State, Court of Appeals No. A-8642, No. 4983,
COURT OF APPEALS OF ALASKA, April 27, 2005, Decided
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Overview: An inmate's petition for postconviction relief was properly denied because there was no evidence that counsel acted ineffectively under the Sixth Amendment or Alaska Const. art. I, § 11 by not photographing a crime scene, not obtaining school records, failing to give the inmate a copy of an officer's affidavit, or by communicating a plea offer.
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| Jeff A.C. v. State, Supreme Court No. S-11366, No. 5893,
SUPREME COURT OF ALASKA, April 27, 2005, Decided
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Overview: Trial court did not err in terminating the father's parental rights under Alaska Stat. § 47.10.088 because (1) he did not objectively manifest a desire to be involved in child's life or to parent her; and (2) numerous factual findings by trial court supported the conclusion that it was in the child's best interests to remain with the foster family.
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