Alaska, May, 2003, State Case law | lexisONE® Community

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State Courts - Alaska - May 7, 2003

Bain v. State, Court of Appeals No. A-8373, COURT OF APPEALS OF ALASKA, May 7, 2003, Decided
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Overview: A community service officer's observations that defendant was intoxicated and the fact that he was seen driving less than two hours later failing to obey traffic laws warranted an investigatory stop for suspicion of DWI.

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Baker v. State, Court of Appeals No. A-8269, COURT OF APPEALS OF ALASKA, May 7, 2003, Decided
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Overview: The trial judge had good reason to exceed the presumptive and minimum sentence required for defendant's DWI and felony breath test refusal convictions, where defendant had an extensive criminal history and it was needed to protect the public.

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Dayton v. State, Court of Appeals No. A-8355, COURT OF APPEALS OF ALASKA, May 7, 2003, Decided
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Overview: Where hotel room occupant gestured to police as if inviting the officers to enter and then the occupant walked back into the room, the occupant gave consent to the police, and defendant's motion to suppress evidence was denied.

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Howarth v. State, Court of Appeals No. A-8233, COURT OF APPEALS OF ALASKA, May 7, 2003, Decided
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Overview: The inmate's claim that his post-conviction attorney gave him erroneous legal advice concerning newly discovered evidence had arguable merit and should have been litigated; the inmate's other post-conviction relief claims were without merit.

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Rentschler v. State, Court of Appeals No. A-7939, COURT OF APPEALS OF ALASKA, May 7, 2003, Decided
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Overview: The sentencing judge was not clearly mistaken when he decided, based on defendant's past offenses and his failures at probation, that defendant should serve the remaining 27 months of his sentence.

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Whitesides v. State, Court of Appeals No. A-8274, No. 4700, COURT OF APPEALS OF ALASKA, May 7, 2003, Decided
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Overview: It was unclear whether defendant's sale of heroin to her customer was a legal cause of the customer's death, and, thus, whether a sentence aggravator should apply. Thus, defendant's sentence was vacated, and the case was remanded.

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