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| Adams v. Adams, Supreme Court No. S-10271, No. 5798,
SUPREME COURT OF ALASKA, April 23, 2004, Decided
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Overview: The Supreme Court of Alaska held that a lessee's conduct in changing a right of first refusal provision in a lease to an option to purchase without notice to the lessor was a constructive fraud.
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| Bryson v. Banner Health Sys., Supreme Court No. S-10653/10673, No. 5799,
SUPREME COURT OF ALASKA, April 23, 2004, Decided
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Overview: The family recovery center owed a duty of care to protect a patient who was raped by another participant in her continuing care substance abuse treatment group. The center knew that the rapist had a criminal history of sexual assaults.
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| Dayton v. State, Court of Appeals No. A-7724, No. 1927,
COURT OF APPEALS OF ALASKA, April 23, 2004, Decided
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Overview: Because a database used for statistical analysis of DNA profile frequencies was the type of data that experts in the field reasonably relied on, the trial court did not err by allowing testimony on DNA profile frequencies using that database.
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| In re Wiederholt, Supreme Court No. S-10528, Order No. 49,
SUPREME COURT OF ALASKA, April 23, 2004, Decided
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Overview: In light of the seriousness of an attorney's original misconduct and conduct through the first petition process, it was unclear from the limited time of the attorney's alleged recovery that the attorney had the moral fitness required for readmission.
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| Kozevnikoff v. Tanana Vill. Council, Supreme Court No. S-10881, No. 5800,
SUPREME COURT OF ALASKA, April 23, 2004, Decided
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Overview: Clerk's notations on a certificate of distribution were not judicial orders and a final judgment could be issued without calculating attorney's fees and costs, and the trial court did not err in allowing additional time to supplement a fee motion.
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| Parker v. Tomera, Supreme Court No. S-10780, No. 5801,
SUPREME COURT OF ALASKA, April 23, 2004, Decided
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Overview: Because a patient failed to offer expert testimony to rebut that submitted by several healthcare providers in a medical malpractice case, summary judgment was properly granted since the patient had the burden of proof.
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| Anderson v. State, Court of Appeals No. A-8394, No. 4865,
COURT OF APPEALS OF ALASKA, April 28, 2004, Decided
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Overview: A trial court properly found defendant's confession voluntary. Although an officer falsely claimed there was a videotape of the incident, the deception was not improper. Officer did not threaten defendant with harsher treatment if he remained silent.
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| David v. State, Court of Appeals No. A-8408, No. 4862,
COURT OF APPEALS OF ALASKA, April 28, 2004, Decided
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Overview: Where defendant was convicted of burglary and sexual assault, a separate fourth-degree assault conviction was improper because defendant's act of running to the door was simply a component of the sexual assault.
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| Hertz v. State, Court of Appeals No. A-8599, No. 4864,
COURT OF APPEALS OF ALASKA, April 28, 2004, Decided
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Overview: Inmate's application for post-conviction relief was properly denied because it was a successive application, and because the claims the inmate raised could have been or were raised in his many previous applications for post-conviction relief.
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| Seek v. State, Court of Appeals No. A-8363, No. 4863,
COURT OF APPEALS OF ALASKA, April 28, 2004, Decided
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Overview: A postconviction court properly rejected a potential juror misconduct issue as it could have been raised on direct appeal. Defendant did not rebut the presumption of competence of counsel because he presented no evidence ruling out tactical choice.
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