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| Edwin v. State, Court of Appeals No. A-9283, No. 5226,
COURT OF APPEALS OF ALASKA, June 13, 2007, Decided
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Overview: Applicant killed companion and then shot himself. Applicant claimed ineffective assistance of counsel for failing to seek trial's continuance until he was healthier to provide testimony vocally. Applicant was not entitled to relief because applicant was able to testify in writing, and there was no affidavit regarding alleged ineffectiveness.
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| Kurka v. Kurka, Supreme Court No. S-12143, No. 1278,
SUPREME COURT OF ALASKA, June 13, 2007, Decided
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Overview: In a marital dissolution appeal, husband raised several challenges to property division, custody award, and post-trial order. Husband's challenge to property division was unfounded because evidence revealed wife received less than 50 percent of property, although she did not challenge this.
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| Marrese v. State, Court of Appeals No. A-9464, No. 5228,
COURT OF APPEALS OF ALASKA, June 13, 2007, Decided
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Overview: Defendant was convicted of criminal mischief in the third degree after he set fire to his jail cell. Jail employees repaired the jail cell. Evidence was sufficient to sustain conviction because State introduced evidence that $500 or more in damages was done to the cell.
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| Ridl v. State, Court of Appeals No. A-9351, No. 5227,
COURT OF APPEALS OF ALASKA, June 13, 2007, Decided
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Overview: Defendant was convicted of failing to stop at the direction of a peace officer and felony driving while under the influence of alcohol. There was no variance between indictment and charge under which defendant was convicted because failure to stop was continuous event with second failure to stop.
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| Benson v. State, Court of Appeals No. A-8765, No. 2106,
COURT OF APPEALS OF ALASKA, June 15, 2007, Decided
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Overview: Where defendant contended that he was indigent, a superior court had a duty to determine if this was the case under Alaska R. Crim. P. 39.1(e) by asking defendant about his financial status under oath or by requiring him to complete a signed and sworn financial statement; it was not dispositive that defendant had a large amount of bail returned.
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| Bethel Family Clinic v. Bethel Wellness Assocs., Supreme Court No. S-12233, No. 6132,
SUPREME COURT OF ALASKA, June 15, 2007, Decided
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Overview: In a breach of contract case, a motion for summary judgment based on Alaska R. Civ. P. 17(a) was properly denied because the motion was filed 4 years after the complaint, and it was obvious from the beginning that a limited liability company was not a party to the contract; therefore, substitution of the real party in interest was ordered.
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| Harnish Group, Inc. v. Moore, Supreme Court No. S-12238, No. 6131,
SUPREME COURT OF ALASKA, June 15, 2007, Decided
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Overview: Alaska Workers' Compensation Board erred by awarding the employee statutory minimum attorney's fees under Alaska Stat. § 23.30.145(a) because the employer never controverted the employee's claim for benefits, as the employer's answer to the workers' compensation claim admitted liability for permanent total disability benefits.
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