Alaska, May, 2004, State Case law | lexisONE® Community

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State Courts - Alaska - May 19 - May 26, 2004

Bonham v. State, Court of Appeals No. A-8563, No. 4872, COURT OF APPEALS OF ALASKA, May 19, 2004, Decided
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Overview: Probation condition requiring defendant to pay a multimillion dollar restitution ordered in a federal criminal prosecution was improper, where the trial court had noted defendant's inability to pay.

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Brownlow v. Municipality of Anchorage, Court of Appeals No. A-8618, No. 4873, COURT OF APPEALS OF ALASKA, May 19, 2004, Decided
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Overview: A defendant's claim that his right to an independent sobriety test was violated because the arresting officer referred to a "blood test" was moot, because defendant was convicted for DUI under both the impairment and blood alcohol level theories.

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Mack v. State, Court of Appeals No. A-8245, No. 4871, COURT OF APPEALS OF ALASKA, May 19, 2004, Decided
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Overview: Defendant was not denied due process of law when police sent boxes of murder victim's belongings to her mother in another state, as the State held the belongings until defendant's attorney gave State permission to release them to the mother.

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Hallam v. Alaska Airlines, Inc., Supreme Court No. S-10198, No. 5809, SUPREME COURT OF ALASKA, May 21, 2004, Decided
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Overview: The superior court properly ruled in favor of an airline in a customer's suit for breach of contract, conversion, defamation, and claims under state antitrust law, based on the airline's standard ticket terms and policies.

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Sipary v. State, No. A-7813, No. 1933, COURT OF APPEALS OF ALASKA, May 21, 2004, Decided
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Overview: In an assault case, defendant failed to show that the prosecution materially mischaracterized his out-of-court statements; thus, to the extent the court failed to properly acknowledge the rule of completeness, any error was harmless.

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Huskey v. State, Court of Appeals No. A-8667, No. 4874, COURT OF APPEALS OF ALASKA, May 26, 2004, Decided
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Overview: Special condition of defendant's probation requiring him to submit to search by his probation officer for alcohol and controlled substances was deleted, where there was no evidence of nexus between his crimes and potential substance abuse problems.

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Lewis v. State, Court of Appeals No. A-8443, No. 4875, COURT OF APPEALS OF ALASKA, May 26, 2004, Decided
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Overview: Court did not err by denying defendant's motion to modify his sentence where the motion did not conform to the applicable rule, and it was barred by the law of the case as it had been determined in a prior appeal that his sentence was not illegal.

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Stanley B. v. State, Supreme Court No. S-10978, SUPREME COURT OF ALASKA, May 26, 2004, Decided
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