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| Conner v. State, Court of Appeals No. A-7937, No. 4565,
COURT OF APPEALS OF ALASKA, April 24, 2002, Decided
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Overview: Where police officers confined themselves to reasonable steps that one would expect of a social or business visitor, police did not trespass on defendant's property and suppression of evidence gathered was not required.
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| Nicholas v. State, Court of Appeals No. A-7452, No. 4564,
COURT OF APPEALS OF ALASKA, April 24, 2002, Decided
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Overview: Where defense copy of DWI processing tape was incomplete, counsel detrimentally relied on erroneous premise that defendant's breath-test refusal was not recorded, and thus defendant was entitled to a mistrial when complete copy was provided.
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| Patlan v. Municipality of Anchorage, Court of Appeals No. A-7750, No. 4563,
COURT OF APPEALS OF ALASKA, April 24, 2002, Decided
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Overview: Because appellate court did not have authority to reverse jury assessments of witnesses' credibility, disputes concerning credibility were resolved in favor of the prosecution, and evidence supported conclusion that defendant assaulted his wife.
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| Smith v. State, Court of Appeals No. A-8110, No. 4566,
COURT OF APPEALS OF ALASKA, April 24, 2002, Decided
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Overview: Where statute stated that voluntary drug addiction could not be considered a mitigating factor, trial court did not err in considering defendant's cocaine addiction a mitigating factor to charge of second-degree theft.
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| Lambert v. State, Court of Appeals No. A-8221, No. 1800,
COURT OF APPEALS OF ALASKA, April 26, 2002, Decided
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Overview: Where defendant's probation was revoked and he failed to timely appeal the sentence imposed pursuant to the revocation order which was a final judgment, defendant could not then obtain appellate review by filing an original application for relief.
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| Cozzetti v. State, Court of Appeals No. A-7620, No. 4568,
COURT OF APPEALS OF ALASKA, May 1, 2002, Decided
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Overview: Where defendant previously raised his issues regarding denial of motion to withdraw plea on direct appeal, and more than a year passed since conviction became final, defendant's postconviction motion was barred by statute.
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| Craig v. State, Court of Appeals No. A-8014, No. 4567,
COURT OF APPEALS OF ALASKA, May 1, 2002, Decided
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Overview: Where defense request for sentencing delay was made at the close of sentencing, and where there was no reason to believe that a psychological evaluation of defendant would yield material evidence, denying delay was not an abuse of discretion.
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| Hernandez v. State, Court of Appeals No. A-7366, No. 4571,
COURT OF APPEALS OF ALASKA, May 1, 2002, Decided
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Overview: Where evidence supported an inference that defendant's interpretation of police officer's conduct in deterring independent blood test was reasonable, the evidence of defendant's original blood test should have been suppressed.
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| Potter v. State, Court of Appeals No. A-8080, No. 4569,
COURT OF APPEALS OF ALASKA, May 1, 2002, Decided
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Overview: Where defendant was placed in treatment facility prior to sentencing by court order, and restrictions in the facility approximated incarceration, defendant was entitled to credit against his sentence for time spent in the treatment center.
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| Smith v. State, Court of Appeals No. A-5916, No. 4570,
COURT OF APPEALS OF ALASKA, May 1, 2002, Decided
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Overview: Where jury had adequate ground for deciding what weight to give defendant's understandable answers on partially audible tape recording, probative value of recording outweighed the potential for unfair prejudice in admitting recording.
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