Alaska, June, 2002, State Case law | lexisONE® Community

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State Courts - Alaska - June 21 - June 28, 2002

Chugach Elec. Ass'n v. Regulatory Comm'n of Alaska, Supreme Court No. S-9692, No. 5585, SUPREME COURT OF ALASKA, June 21, 2002, Decided
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Overview: Electricity provider was required by statute to obtain an additional certificate of public convenience and necessity from regulatory commission prior to engaging in contact with consumers regarding electricity sales outside its allotted area.

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Cook v. Rowland, Supreme Court No. S-9410, No. 5586, SUPREME COURT OF ALASKA, June 21, 2002, Decided
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Overview: Trial court erred when it did not set aside default judgment, where appellant's failure to respond to complaint in timely fashion was excusable, inter alia, he was served with lawsuit within two weeks of suffering multiple serious gunshot wounds.

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Dayton v. State, Court of Appeals No. A-7724, No. 1806, COURT OF APPEALS OF ALASKA, June 21, 2002, Decided
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Overview: Where trial court denied inquiry into whether or not DNA database relied upon by State's expert contained type of data that experts in the field would reasonably rely on, case was remanded to allow defendant to litigate this foundational fact.

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In re Curda, Supreme Court No. S-9907, No. 5587, SUPREME COURT OF ALASKA, June 21, 2002, Decided
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Overview: Judge was not reprimanded, where he imprisoned intoxicated witness for contempt. Even though he failed to give her notice of purpose of hearing and she was not sober, his legal errors were neither willful, nor part of pattern of misconduct.

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J. S. v. State, Supreme Court No. S-9722, No. 5590, SUPREME COURT OF ALASKA, June 21, 2002, Decided
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Overview: Where father was convicted of sexually abusing his boys, court did not need to require active efforts under Indian Child Welfare Act prior to terminating parental rights; it was not error to qualify witnesses; and court did not lack jurisdiction.

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Dougan v. Aurora Elec., Inc., Supreme Court Nos. S-9937/9958, No. 5591, SUPREME COURT OF ALASKA, June 28, 2002, Decided
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Overview: Where employer relied upon responsible medical opinion in making good faith controversion of employee's workers' compensation payments, employee was not entitled to penalties or interest on controverted compensation payments.

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Holta v. Certified Fin. Servs., Supreme Court No. S-9074/9114, No. 5588, SUPREME COURT OF ALASKA, June 28, 2002, Decided
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Overview: Where individual acquired all interest in original note from the beneficiaries, his nonjudicial foreclosure action was not time barred where the individual sought to enforce an extension arising from the original note's amendment, not its payment.

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James v. State, Court of Appeals No. A-7690, No. 1807, COURT OF APPEALS OF ALASKA, June 28, 2002, Decided
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Overview: Where trial court allowed counsel to withdraw, even though defendant still had appealable claims, trial court erred in allowing attorney to withdraw without providing court with an analysis of why defendant's claims were frivolous.

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Lakosh v. Alaska Dep't of Envtl. Conservation, Supreme Court No. S-9619, No. 5589, SUPREME COURT OF ALASKA, June 28, 2002, Decided
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Overview: By equating best available oil spill cleanup technology to appropriate and reliable compliance with response planning standards, agency regulation violated statute mandate to select best of available technology for complying with standards.

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Lakosh v. Alaska Dep't of Envtl. Conservation, Supreme Court No. S-9619, SUPREME COURT OF ALASKA, June 28, 2002, Decided
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