Alaska, May, 2002, State Case law | lexisONE® Community

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State Courts - Alaska - May 10 - May 15, 2002

Amos v. State, Supreme Court No. S-9845, No. 5563, SUPREME COURT OF ALASKA, May 10, 2002, Decided
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Overview: Where defendant's appellate counsel failed to brief defendant's sentencing issue due to attorney's negligence, court of appeals erred in denying defendant's motion for a supplemental briefing on sentencing issue.

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Barr v. Goldome Realty Credit Corp., Supreme Court No. S-9413, No. 5566, SUPREME COURT OF ALASKA, May 10, 2002, Decided
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Overview: Trial court erred in granting partial summary judgment to a mortgage servicer, as there were genuine issues of material fact about the extent or existence of an escrow surplus that should have been credited to make the borrower's loan current.

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E.A. v. Div. of Family & Youth Servs., Supreme Court No. S-10200, No. 5564, SUPREME COURT OF ALASKA, May 10, 2002, Decided
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Overview: Termination of the mother's parental rights was upheld because substantial evidence supported the finding that returning the child to his mother's custody would result in serious emotional harm and the mother had not overcome her substance abuse.

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Faulkner v. Goldfuss, Supreme Court No. S-9658, No. 5565, SUPREME COURT OF ALASKA, May 10, 2002, Decided
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Overview: On review of a marital dissolution action, the state supreme court considered issues concerning child support, child custody, and property division.

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John's Heating Serv. v. Lamb, Supreme Court No. S-9042/9052, No. 5572, SUPREME COURT OF ALASKA, May 10, 2002, Decided
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Overview: Where evidence showed homeowners may of had notice of malfunctioning furnace two years before they claimed, genuine issue of material fact existed as to when statute of limitations on claim began to run and summary judgement was inappropriate.

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Kelly v. Joseph, Supreme Court No. S-10116, No. 5570, SUPREME COURT OF ALASKA, May 10, 2002, Decided
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Overview: The trial court did not err in modifying child custody because there was a change in circumstances and it assessed the children's best interests, but the amount of child support was wrong because the father's custody was more than 33.33 percent.

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Korn v. Korn, Supreme Court No. S-9809, No. 5571, SUPREME COURT OF ALASKA, May 10, 2002, Decided
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Overview: Court erred by imputing marital residence's potential rental income to wife in a dissolution proceeding, where wife was living in the home, because the parties had no plans to rent the home, and the court failed to specify how it calculated rent.

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McCormick v. Reliance Ins. Co., Supreme Court No. S-9813, No. 5569, SUPREME COURT OF ALASKA, May 10, 2002, Decided
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Overview: Genuine fact issues as to whether contractor had substantially complied with registration requirements when his contract was formed precluded a summary judgment dismissing his claim for compensation for services performed.

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Poe v. State, Court of Appeals No. A-8061, No. 4572, COURT OF APPEALS OF ALASKA, May 15, 2002, Decided
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Overview: Composite sentence of nine and one-half years with three and one-half years suspended imposed on defendant was not excessive; sentencing judge made specific findings in support of his conclusion that sentence was necessary to protect the public.

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