Alaska, June, 2005, State Case law | lexisONE® Community

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State Courts - Alaska - June 28 - July 1, 2005

Alaska Inter-Tribal Council v. State, Supreme Court No. S-10844, SUPREME COURT OF ALASKA, June 28, 2005, Decided
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Duran v. City & Borough of Juneau, Supreme Court No. S-11342, No. 1218, SUPREME COURT OF ALASKA, June 29, 2005, Decided
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Overview: In a case involving a second citation for the violation of certain zoning ordinances, a company failed to show that equitable estoppel applied because the elements were not met; no reasonable person could have taken a phone message from a city employee as a commitment to drop the issue forever and allow an expansion of topsoil operations.

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E.B. v. State, Court of Appeals No. A-8807, No. 4990, COURT OF APPEALS OF ALASKA, June 29, 2005, Decided
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Overview: Although appellant juvenile argued that violations of treatment program rules were merely de minimis infractions, they were sufficient to support the revocation of his juvenile probation, and the trial court imposed less restrictive alternatives under Alaska Stat. ? 47.12.140 before institutionalizing him, but he failed in those alternatives.

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McClure v. Swearingen, Supreme Court No. S-11372, No. 1219, SUPREME COURT OF ALASKA, June 29, 2005, Decided
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Overview: While the legislature expressed a preference in Alaska Stat. ? 25.20.060 for joint custody, the superior court did not err by awarding sole custody of a child to his father. The father was in a long-term committed relationship, had steady employment, and had purchased a house. The child had a negative reaction to a shared custody arrangement.

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Sofia M. v. Dep't of Health and Soc. Servs., Supreme Court No. S-11532, No. 1220, SUPREME COURT OF ALASKA, June 29, 2005, Decided
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Overview: Where the evidence showed that a child was in need of aid under Alaska Stat. ? 47.10.011 due to a mother's long-standing drug use and the mother was unable to stop using, there was clear and convincing evidence to support a termination of her parental rights under Alaska Stat. ? 47.10.088.

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Bryant v. State, Court of Appeals No. A-8375, No. 1990, COURT OF APPEALS OF ALASKA, July 1, 2005, Decided
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Overview: Under Alaska R. Evid. 404, it was not error for the district court to allow rebuttal evidence concerning defendant's character when defendant had put his character at issue by testifying that he had a benevolent non-sexual relationship with children. Evidence of false charges previously brought by the victim's mother were properly excluded.

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Howell v. State, Court of Appeals No. A-8556/A-8575, No. 1991, COURT OF APPEALS OF ALASKA, July 1, 2005, Decided
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Overview: In defendant's trial for DUI, trial court did not err in refusing to suppress evidence because lawful welfare stop occurred. Appellate court was required to affirm judgment of acquittal on felony charge because trial judge made a factual determination as to whether State could prove element of charge, pursuant to Alaska Stat. ? 28.35.030.

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Jeff A.C. v. State, Supreme Court No. S-11366, SUPREME COURT OF ALASKA, July 1, 2005, Decided
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Ray v. Ray, Supreme Court No. S-11269, No. 5918, SUPREME COURT OF ALASKA, July 1, 2005, Decided
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Overview: Where appellant filed documents with the superior court listing a non-biological son as his child, the court had jurisdiction under Alaska Stat. ? 25.24.160(a) to enter a child support order; it was not void. Appellant's request for retroactive relief from the child support order under Alaska R. Civ. P. 60(b)(4) was correctly denied.

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State v. Valley Hosp. Ass'n, Inc., Supreme Court No. S-11286, No. 5919, SUPREME COURT OF ALASKA, July 1, 2005, Decided
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Overview: Alaska Department of Health and Social Services violated a hospital's due process rights under Alaska Const. art. I, 7 when it used erroneous information to calculate a Medicaid reimbursement rate under Alaska Admin. Code tit. 7, 43.685; application of the regulation was not reasonable since there was no compelling reason for using inaccurate data.

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