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

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State Courts - Alaska - May 9 - May 21, 2003

Herreid v. State, Court of Appeals No. A-8341, No. 1873, COURT OF APPEALS OF ALASKA, May 9, 2003, Decided
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Overview: A finding that defendant was required to register and report under the Sex Offender Registration Act was proper where the Act was a regulatory measure, and the registration and reporting requirements were not part of defendant's sentence.

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McGee v. State, Court of Appeals No. A-7697, COURT OF APPEALS OF ALASKA, May 9, 2003, Decided
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Overview: The police did not have reasonable suspicion to remove defendant's package from the normal flow of commerce to test it for controlled substances.

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Reynolds v. Sisco Group, Inc., Supreme Court No. S-10266, No. 5688, SUPREME COURT OF ALASKA, May 9, 2003, Decided
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Overview: Property seized by creditors under a writ of execution before decedent's death was not a newly created interest forbidden under state probate law, but whether a writ of attachment was timely served to avoid an estate recovery action was unclear.

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Robinson v. Municipality of Anchorage, Supreme Court No. S-10373, No. 5690, SUPREME COURT OF ALASKA, May 9, 2003, Decided
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Overview: Where a claimant failed to adequately raise the issue of whether his daily work as a bus driver aggravated his back condition, it was not an abuse of discretion to require the claimant to articulate that in a new workers' compensation claim.

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Strumsky v. State, Court of Appeals No. A-8098, No. 1875, COURT OF APPEALS OF ALASKA, May 9, 2003, Decided
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Overview: Trial judge did not abuse its discretion by admitting the child victim's prior consistent statements where they were used to evaluate the credibility of her testimony, and defendant did not preserve his request to admit a recording for review.

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Wyller v. Madsen, Supreme Court No. S-10224, No. 5689, SUPREME COURT OF ALASKA, May 9, 2003, Decided
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Overview: Record supported trial court's judgment that partner who sued three other partners, seeking damages for wrongful conduct that led to dissolution of partnership engaged in wrongful acts that contributed to dissolution and was not entitled to damages.

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Malabed v. N. Slope Borough, Supreme Court No. S-9808, No. 5692, SUPREME COURT OF ALASKA, May 16, 2003, Decided
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Overview: Borough charter provision creating borough employment preferences for Native Americans violated the Alaska Constitution's guarantee of equal protection, as it did not serve a legitimate purpose and, regardless, was not narrowly tailored.

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Marine Solution Servs. v. Horton, Supreme Court No. S-9916, No. 5691, Supreme Court No. S-9935, SUPREME COURT OF ALASKA, May 16, 2003, Decided
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Overview: The president was an employee of the maritime company and was entitled to a remedy as a seaman under the Jones Act. The superior court had to perform alternate calculations of the total judgment under Jones Act and unseaworthiness claims.

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Johnson v. State, Court of Appeals No. A-8362, COURT OF APPEALS OF ALASKA, May 21, 2003, Decided
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Overview: Defendant's composite sentence of six years, 180 days to serve, was not clearly mistaken where defendant had been convicted of earlier felony sex offenses; furnishing alcohol to a minor was serious as it was used to facilitate the sexual abuse.

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