Alaska, July, 2002, State Case law | lexisONE® Community

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State Courts - Alaska - July 19 - July 24, 2002

Martin v. Martin, Supreme Court No. S-9837, No. 5598, SUPREME COURT OF ALASKA, July 19, 2002, Decided
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Overview: Where husband bought business prior to his marriage, and wife made substantial uncompensated contributions to business during their 15-year marriage, trial court did not err by finding that couple intended business as marital property.

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Ogar v. City of Haines, Supreme Court No. S-9812, No. 5597, SUPREME COURT OF ALASKA, July 19, 2002, Decided
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Overview: Where city made no affirmative assertions about owner's building in or next to the right-of-way after it granted building permit, city was not equitably estopped from requiring owner to remove building overhang and fuel tank.

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Reeves v. Alyeska Pipeline Serv. Co., Supreme Court No. S-9168/9267, No. 5596, SUPREME COURT OF ALASKA, July 19, 2002, Decided
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Overview: Proper measure of damages for oil company's breach of disclosure contract with promoter to develop visitor's center was the value of the benefit that oil company enjoyed as a result of its breach.

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Robertson v. Am. Mech., Supreme Court No. S-10048, No. 5595, SUPREME COURT OF ALASKA, July 19, 2002, Decided
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Overview: The Alaska Workers' Compensation Board properly dismissed a claimant's amended claim on the basis of res judicata, where the original claim and the amended claim were based on the same injury and the same "core set of facts."

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Drewniak v. State, Court of Appeals No. A-8237, No. 4599, COURT OF APPEALS OF ALASKA, July 24, 2002, Decided
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Overview: Defendant's composite eight-year sentence for third-degree assault and third-degree misconduct involving weapons was affirmed where defendant had substantial criminal record of three or more prior felony convictions and was likely to reoffend.

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Jones v. State, Court of Appeals No. A-8202, No. 4596, COURT OF APPEALS OF ALASKA, July 24, 2002, Decided
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Lawrence v. State, Court of Appeals No. A-8111, No. 4597, COURT OF APPEALS OF ALASKA, July 24, 2002, Decided
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Overview: Defendant's sentence of six-years actual incarceration for a spree of residential burglaries was necessary to protect the public based upon his prior criminal history as a juvenile and his poor prospects for rehabilitation.

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Sipary v. Memorandum Opinion State of Alaska, Court of Appeals No. A-8211, No. 4598, COURT OF APPEALS OF ALASKA, July 24, 2002, Decided
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Overview: Defendant had not established at sentencing that his possession of firearm was product of any duress by clear and convincing evidence; therefore, trial court's findings were supported by record and supported rejection of mitigating factor.

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Twogood v. State, Court of Appeals No. A-7831, No. 4600, COURT OF APPEALS OF ALASKA, July 24, 2002, Decided
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Overview: Superior court properly rejected mitigating factor that defendant's conduct was among the least serious within the definition of the offense, where defendant assaulted and sexually penetrated victim several times during the course of an evening.

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