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   State Courts - Alaska - June 11 - June 13, 2003

  
Douglas v. State, Court of Appeals No. A-8069, COURT OF APPEALS OF ALASKA, June 11, 2003, Decided
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Overview: Prosecutor's use of the term "crack heads" to refer to defendant and his girlfriend may have been insensitive and unfortunate, but it was not manifestly prejudicial to the fairness of defendant's trial.

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Yatchmenoff v. State, Court of Appeals No. A-8006, COURT OF APPEALS OF ALASKA, June 11, 2003, Decided
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Overview: Evidence that defendant participated in a homosexual act before assaulting victim was more prejudicial than probative and should not have been admitted, but strength of State's case against defendant made admission of the statement harmless error.

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Cizek v. Concerned Citizens of Eagle River Valley, Inc., Supreme Court No. S-10293/10294, SUPREME COURT OF ALASKA, June 13, 2003, Decided
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Overview: Trial court did not err in rejecting property owners' claim for relief from attorney fees based on their reliance on a municipality's determination that an airstrip was a legal nonconforming use or in awarding enhanced fees against them.

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Duncan v. Retired Pub. Emples. of Alaska, Inc., Supreme Court No. S-10377, SUPREME COURT OF ALASKA, June 13, 2003, Decided
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Overview: Trial court properly determined that health insurance benefits were part of the "accrued benefits" as defined in the state constitutional provision, but matter was remanded to analyze how the changes affected the entire group of retirees.

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Fletcher v. S. Peninsula Hosp., Supreme Court No. S-10484, No. 5701, SUPREME COURT OF ALASKA, June 13, 2003, Decided
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Overview: In a medical malpractice suit, the court erred by denying plaintiffs' motion to relax expert disclosure rules and by rejecting plaintiffs' corporate negligence theory of liability against the hospital. The judgment was reversed, as to those issues.

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Harrower v. Harrower, Supreme Court No. S-9629/10359, No. 5700, SUPREME COURT OF ALASKA, June 13, 2003, Decided
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Overview: In a divorce proceeding, the court erred in its conclusion that the husband's interest in his premarital stock holdings transmuted entirely into marital property.

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Koller v. Reft, Supreme Court No. S-10088, SUPREME COURT OF ALASKA, June 13, 2003, Decided
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Overview: Trial court erred in basing father's prospective child support obligation on the amount he made in a prior job when there was no evidence that the father could currently make the same amount in the local job market.

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Quality Asphalt Paving v. State, Supreme Court Nos. S-10154/10183, No. 5702, SUPREME COURT OF ALASKA, June 13, 2003, Decided
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Overview: Trial court properly vacated award of prejudgment interest to contractor; as the contractor sought its remedies through administrative appeal, it was not entitled to the prejudgment interest under statute that governed claims against the state.

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Richard B. v. State, Supreme Court No. S-10127, SUPREME COURT OF ALASKA, June 13, 2003, Decided
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Overview: Where attorney represented father in criminal matter that was a basis for parental rights termination, attorney's prior representation was substantially related to the termination, and subsequent representation of mother was a conflict of interest.

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