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| Alaska Bd. of Fisheries v. Grunert, Supreme Court Nos. S-11951/S-11991, No. 6006,
SUPREME COURT OF ALASKA, April 21, 2006, Decided
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Overview: Former Emergency Regulation 5, Alaska Admin. Code tit. 5, § 15.358, which amended the invalid tit. 5, § 359 creating a cooperative fishery was also invalid because it was not a valid exercise of the board's authority and the regulation still allowed permit holders in the cooperative to benefit economically from the work of others.
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| Byers v. Ovitt, Supreme Court No. S-11605, No. 6004,
SUPREME COURT OF ALASKA, April 21, 2006, Decided
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Overview: Trial court did not err in modifying father's child support obligation, allowing discovery on motion to modify, and imputing income based on expenses, but it erred in failing to deduct father's federal taxes and portion of his voluntary retirement contributions from income available for child support as required by Alaska R. Civ. P. 90.3(a)(1)(B).
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| City of St. Paul v. State, Supreme Court No. S-11299, No. 6005,
SUPREME COURT OF ALASKA, April 21, 2006, Decided
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Overview: In approving a city's request for a conveyance of state-owned tidelands, the Commissioner of the Alaska Department of Natural Resources did not adjudicate a disputed boundary between the city and an adjoining uplands owner. Alaska Stat. § 38.05.825 did not require the Commissioner to resolve the parties' incipient boundary dispute.
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| Mahan v. Arctic Catering, Inc., Supreme Court No. S-11184, No. 6002,
SUPREME COURT OF ALASKA, April 21, 2006, Decided
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Overview: In alleged sexual harassment and wrongful termination case, summary judgment for employer was proper because employee failed to present any evidence of harassment occurring within limitations period, as required by Alaska Stat. § 09.10.070. Moreover, employee failed to rebut employer's legitimate, non-discriminatory reasons for terminating her.
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| Mattfield v. Mattfield, Supreme Court No. S-11435, No. 6003,
SUPREME COURT OF ALASKA, April 21, 2006, Decided
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Overview: Where the trial court granted the wife's motion to reconsider an order distributing funds after the divorce, the order was not a final judgment under Alaska R. App. P. 202(a); the husband's appeal was premature. The husband failed to timely respond to the wife's motion for reconsideration of the child support order.
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| Peterson v. State, Court of Appeals No. A-8818, No. 2046,
COURT OF APPEALS OF ALASKA, April 21, 2006, Decided
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Overview: When defendant was charged with possession of control substances, trial court properly refused to suppress evidence because officer's actions in contacting defendant did not violate Fourth Amendment. Observations justified asking defendant to step out of car; simultaneously, defendant shook out contents of bindle, giving officer probable cause.
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| Stevens v. State, Court of Appeals No. A-9137, No. 2045,
COURT OF APPEALS OF ALASKA, April 21, 2006, Decided
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Overview: In attack on Alaska Stat. § 28.15.291(a), which made it unlawful for a person with a revoked license to drive a motor vehicle on a highway, appellate court sustained defendant's conviction because legislature had not impliedly amended statute to exclude all-terrain vehicles, which was a type of vehicle for which a license was normally not needed.
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| Brown v. State, Court of Appeals No. A-8088, No. 5070,
COURT OF APPEALS OF ALASKA, April 26, 2006, Decided
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Overview: Defendant's motion to suppress drug evidence that was found by officers in plain view was properly denied because probation officer had probable cause under the Fourth Amendment to enter a hotel room that he believed was the probationer's residence without a warrant pursuant to a search condition of her probation.
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| D.F. v. State, Court of Appeals No. A-9206, No. 5071,
COURT OF APPEALS OF ALASKA, April 26, 2006, Decided
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Overview: A trial judge's order that defendant juvenile be institutionalized for up to two years or until his 19th birthday was affirmed, where the trial judge considered all factors set forth in Alaska Stat. § 47.12.140, including alternative placements, before entering the institutionalizing order.
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| Nason v. State, Court of Appeals No. A-8164, No. 5069,
COURT OF APPEALS OF ALASKA, April 26, 2006, Decided
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Overview: Trial court did not err in finding that defendant was not prejudiced in his first trial on assault charges because the jury never saw his leg shackles, but a new trial was required on weapons charges due to prejudice because the jury saw the shackles in defendant's second trial when he represented himself and walked around the courtroom.
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