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

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State Courts - Alaska - May 28 - June 9, 2004

Anderson v. State, Court of Appeals No. A-8421, No. 1936, COURT OF APPEALS OF ALASKA, May 28, 2004, Decided
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Overview: Even though a search of defendant's person by a prison officer prior to being afforded the opportunity to post bail violated his rights, his conviction was affirmed because the evidence would have been discovered inevitably.

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Cleveland v. State, Court of Appeals No. A-8223, No. 1934, COURT OF APPEALS OF ALASKA, May 28, 2004, Decided
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Overview: In sexual assault and assault case, each of trial judge's challenged evidentiary rulings was supportable under facts of case and governing law, and were upheld. Based on defendant's history of assaults and sexual assaults, his sentence was proper.

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Ledgends, Inc. v. Kerr, Supreme Court No. S-10840, No. 5810, SUPREME COURT OF ALASKA, May 28, 2004, Decided
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Overview: The gym was not entitled to summary judgment where patron's claim that gym failed to meet basic standards of maintenance and safety was not precluded by the document read as a whole, the patron was not barred by the release from filing her claim.

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Valencia v. State, Court of Appeals No. A-8527, No. 1935, COURT OF APPEALS OF ALASKA, May 28, 2004, Decided
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Overview: Because a statute properly restricted good time credit to prisoners who were serving their sentences in prison, those, like defendant, who were serving their sentences in court-ordered residential treatment programs did not receive such credit.

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State v. Blasio, Court of Appeals Nos. A-8476 & A-8478, No. 4876, COURT OF APPEALS OF ALASKA, June 2, 2004, Decided
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Overview: Trial court erred in suppressing evidence and dismissing indictment, where police informants made statements against penal interest and gave detailed information about defendants' heroin deals, which satisfied veracity prong of Aguilar-Spinelli test.

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Stanley B. v. State, Supreme Court No. S-10978, No. 5811, SUPREME COURT OF ALASKA, June 4, 2004, Decided
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Overview: Termination of a father's parental rights was in his children's best interests where the father's inability to demonstrate that he could maintain sobriety outside jail and his repeated incarcerations indicated that he was not a reliable parent.

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Novcaski v. State, Court of Appeals No. A-8347, No. 4878, COURT OF APPEALS OF ALASKA, June 9, 2004, Decided
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Overview: Where defendant swung a five-foot shovel at victim's head with such force as to knock him to the ground, there was sufficient evidence for jury to find defendant was guilty of assault for causing physical injury by means of a dangerous instrument.

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Peter v. State, Court of Appeals No. A-8356, No. 4877, COURT OF APPEALS OF ALASKA, June 9, 2004, Decided
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Overview: Trial court did not err in excluding parts of defendant's statements, because jury heard several witnesses testify that defendant stated he did not intend to kill victim and it was unnecessary to clarify previously admitted parts of the statements.

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Stevens v. State, Court of Appeals No. A-8694, No. 4879, COURT OF APPEALS OF ALASKA, June 9, 2004, Decided
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Overview: Where defendant was convicted of contributing to the delinquency of a minor for smoking marijuana with a 17-year-old boy, the case was remanded for a determination of whether defendant's alcohol-related probation conditions were appropriate.

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