Alaska, April, 2004, State Case law

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State Courts - Alaska - April 9 - April 14, 2004

Custer v. State, Court of Appeals No. A-8634, No. 1925, COURT OF APPEALS OF ALASKA, April 9, 2004, Decided
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Overview: On defendant's appeal from a sentence after revocation of probation, judgment was affirmed; given defendant's history, the judge was not clearly mistaken when he imposed half of defendant's remaining suspended time.

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Evans v. McTaggart, Supreme Court No. S-10554, No. 5794, SUPREME COURT OF ALASKA, April 9, 2004, Decided
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Overview: A trial court erred in using a preponderance of the evidence standard to determine third-party custody and visitation, which required a clear and convincing evidence standard of proof; Alaska's third-party visitation provisions were constitutional.

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Guerre-Chaley v. State, Court of Appeals No. A-8473, No. 1924, COURT OF APPEALS OF ALASKA, April 9, 2004, Decided
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Overview: A trial court properly required defendant, charged with driving while intoxicated, to present evidence that a preliminary breath test device met the Daubert-Coon test and properly excluded the test results when defendant declined to present evidence.

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Morgan B. v. State, Supreme Court No. S-11108, No. 1167, SUPREME COURT OF ALASKA, April 9, 2004, Decided
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Overview: A trial court properly terminated a father's parental rights in the best interests of a child who qualified as Indian under the Indian Child Welfare Act; beyond a reasonable doubt, the father's custody was likely to seriously damage to the child.

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Powell v. State, Court of Appeals No. A-7920, No. 1923, COURT OF APPEALS OF ALASKA, April 9, 2004, Decided
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Overview: Defendant's 26-year composite sentence for vehicular assault was not clearly mistaken where defendant's criminal history revealed that he presented an extraordinary danger to the public, and his prospects for rehabilitation were poor.

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Stanley B. v. State, Supreme Court No. S-10978, No. 5793, SUPREME COURT OF ALASKA, April 9, 2004, Decided
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Overview: A trial court properly terminated the parental rights of a father who was sentenced to six years in prison where the mother had relinquished her rights and the father's placement proposals were unsuitable; the children's best interests were served.

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Herrin v. State, Court of Appeals No. A-8293, No. 4858, COURT OF APPEALS OF ALASKA, April 14, 2004, Decided
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Overview: Evidence was sufficient to sustain a stalking indictment where the victim testified that she had a protective order prohibiting defendant from contacting her in any manner, and he then wrote letters to her through another person from prison.

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Wallace v. State, Court of Appeals No. A-8455, No. 4859, COURT OF APPEALS OF ALASKA, April 14, 2004, Decided
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Overview: State trooper stopped defendant's vehicle to investigate an assault report; thus, trooper's investigatory stop of his vehicle was lawful. Since the stop was lawful, trial court properly denied defendant's motion to suppress and convicted him of DUI.

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