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| Gusty v. State, Court of Appeals No. A-8832, No. 4991,
COURT OF APPEALS OF ALASKA, July 6, 2005, Decided
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Overview: Given senseless nature of defendant's assault on victim, Alaska Stat. § 11.41.200(a)(3), the fact that he had perpetrated acts of domestic violence against victim in the past, and the fact that the shooting left victim disabled for life, under Alaska Stat. §§ 12.55.155, .125, his sentence of 12 years to serve was clearly not excessive or mistaken.
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| Andrea S. v. David R., Supreme Court No. S-11570, No. 5920,
SUPREME COURT OF ALASKA, July 8, 2005, Decided
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Overview: Superior court should have provided mother with a hearing before it ordered the father to surrender physical custody of a child to a non-parent so as to give the mother a chance to be heard on why a different custody arrangement should be preferred. Mother was entitled to know why she had not been granted physical custody instead of the non-parent.
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| Cook Schuhmann & Groseclose, Inc. v. Brown & Root, Inc., Supreme Court No. S-10922, No. 5921,
SUPREME COURT OF ALASKA, July 8, 2005, Decided
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Overview: The holder of a first deed of trust did not violate Alaska Stat. §§ 34.20.080, 34.20.070(b) by halting a foreclosure sale to allow two prospective bidders time to obtain cash or cashier's checks in order to comply with the terms of the sale under a deed of trust, even though the offset bid was the only one received when the sale reconvened.
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| Cook Schuhmann & Groseclose, Inc. v. Brown & Root, Inc., Supreme Court No. S-10922,
SUPREME COURT OF ALASKA, July 8, 2005, Decided
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| Kelly v. State, Court of Appeals No. A-8712, No. 1992,
COURT OF APPEALS OF ALASKA, July 8, 2005, Decided
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Overview: Under Alaska R. Evid. 803(3), the trial court erred in refusing to admit the witness's testimony that, on the evening in question, defendant stated that he believed that the victim was 16 years of age; exclusion of this testimony undermined defendant's defense that he reasonably believed the victim was 16 or older and was prejudicial to defendant.
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| Massey v. State, Court of Appeals No. A-8671, No. 4993,
COURT OF APPEALS OF ALASKA, July 13, 2005, Decided
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Overview: There was nothing in the record that showed that trial court's instruction unduly influenced the jury, nor was there any indication that the trial judge applied any coercive force on the jury. Trial judge was simply fulfilling his duty by ensuring that the jury was returning a verdict that accurately reflected its decisions on counts two and three.
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| Robinson v. State, Court of Appeals No. A-8803, No. 4992,
COURT OF APPEALS OF ALASKA, July 13, 2005, Decided
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Overview: Where defendant received enhanced sentence for driving while intoxicated (DWI), second offense, under Alaska Stat. § 28.35.030, he was not entitled to collaterally challenge 1988 DWI on ground his plea in that earlier proceeding was not knowing and voluntary. He could not collaterally attack prior conviction during sentencing in an unrelated case.
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