Alaska, April, 2004, State Case law

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State Courts - Alaska - April 30 - May 7, 2004

Alvarez v. Ketchikan Gateway Borough, Court of Appeals No. A-8603, No. 1929, COURT OF APPEALS OF ALASKA, April 30, 2004, Decided
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Overview: In a dog bite case, where defendant caused more than 12 of the 18 months of the trial delay, and only six months of delay could be attributed to the government, defendant's speedy trial rights were not violated.

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Cline v. Cline, Supreme Court No. S-10821, No. 5803, SUPREME COURT OF ALASKA, April 30, 2004, Decided
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Overview: Former husband was entitled to an amendment of his divorce decree, which ordered him to pay more than 50 percent of his military retirement benefits to his wife, because such contravened the Uniformed Services Former Spouses' Protection Act.

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Harris v. Westfall, Supreme Court No. S-10819, SUPREME COURT OF ALASKA, April 30, 2004, Decided
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Overview: Order that denied the mother's motion for reconsideration of an earlier child support order was reversed, because the mother had shown that the father made misrepresentations in the motion and the mother's failure to respond was inadvertent.

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Simeon v. State, Court of Appeals No. A-8378, No. 1930, COURT OF APPEALS OF ALASKA, April 30, 2004, Decided
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Overview: The Alaska Rules of Professional Conduct established that a lawyer, not a defendant, had the authority to decide whether to request a jury instruction on a lesser-included offense.

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State v. Blank, Supreme Court No. S-9721, SUPREME COURT OF ALASKA, April 30, 2004, Decided
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Overview: Contemporaneous arrest was no longer prerequisite to an exigent circumstances warrantless breath test, so manslaughter conviction was remanded to trial court to determine if exigent circumstances existed when sample of defendant's breath was seized.

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Timothy v. State, Court of Appeals No. A-8723, No. 1928, COURT OF APPEALS OF ALASKA, April 30, 2004, Decided
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Overview: Defendant's Illinois convictions were not prior felony convictions for sentencing enhancement in Alaska as elements of burglary in Illinois were significantly different from Alaska, especially concerning the statutory definition of "building."

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Burrell v. State, Court of Appeals No. A-8376, No. 4866, COURT OF APPEALS OF ALASKA, May 5, 2004, Decided
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Overview: A superior court properly denied defendant's motion to suppress a crack pipe and morphine pills found on his person during a police frisk. The police were justified in frisking defendant because he was suspected of committing a serious assault.

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Robinson v. State, Court of Appeals No. A-8604, No. 4867, COURT OF APPEALS OF ALASKA, May 5, 2004, Decided
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Overview: Imposition of a suspended sentence incident to the revocation of defendant's probation in two stages, based on defendant's failures to comply with terms of probation, did not violate double jeopardy rights, because the sentence was not increased.

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Smith v. State, Court of Appeals No. A-8439, No. 4868, COURT OF APPEALS OF ALASKA, May 5, 2004, Decided
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Overview: Where the State failed to prove that its informants were credible sources of information, the State failed to establish probable cause for the issuance of the search warrant. The evidence obtained under that warrant had to be suppressed.

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Mech. Contrs. of Alaska, Inc. v. State, Supreme Court No. S-10823, No. 5805, SUPREME COURT OF ALASKA, May 7, 2004, Decided
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Overview: A grant of summary judgment against the corporation was proper where the adoption of the International Mechanical Code did not violate the Administrative Procedures Act and the departments did not exceed their statutory authority.

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