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| B.S. v. State, Court of Appeals No. A-9017, No. 5091,
COURT OF APPEALS OF ALASKA, July 12, 2006, Decided
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Overview: In juvenile interrogation by police, trial court properly denied appellant's request to suppress statements because police satisfied duty to honor Fifth Amendment rights. Police were not required to inform appellant's mother of charges that were being investigated. Trial court properly looked at totality of the circumstances.
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| Cousins v. State, Court of Appeals No. A-8822, No. 5090,
COURT OF APPEALS OF ALASKA, July 12, 2006, Decided
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Overview: A state trooper stopped defendant and his two youthful companions after the threesome were seen throwing a firecracker into traffic. Although initial stop was lawful, subsequent detention by another officer violated Fourth Amendment, and defendant's statement, admitting to underage drinking, should have been suppressed.
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| Hibpshman v. State, Court of Appeals No. A-9182, No. 5089,
COURT OF APPEALS OF ALASKA, July 12, 2006, Decided
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Overview: Defendant was convicted of possession of a controlled substance and resisting arrest. Trial court did not err in denying suppression motion, pursuant to Fourth Amendment and Alaska Const. art. I, § 14, because, although officers used ruse, officers announced presence at opened door; "knock and announce" requirement did not apply.
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| Jared S. v. State, Supreme Court No. S-11836, No. 1258,
SUPREME COURT OF ALASKA, July 12, 2006, Decided
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Overview: Trial court's factual finding that the father sexually abused his daughter and therefore she was a child in need of aid under Alaska Stat. § 47.10.011 was not clearly erroneous because her mother, a clinical therapist, and a police officer all testified that the daughter spontaneously disclosed that she had been sexually abused by her father.
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| Mouser v. Municipality of Anchorage, Court of Appeals No. A-9421, No. 5092,
COURT OF APPEALS OF ALASKA, July 12, 2006, Decided
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Overview: In imposing 360-day sentence, pursuant to Anchorage, Alaska, Municipal Code 09.48.010(D)(2), for defendant's DWI conviction, trial court did not err in finding defendant was "worst offender" because defendant had 21 prior convictions and eight DWI convictions; he had a .215 breath alcohol level, he ran a stop sign, and he nearly hit a police car.
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| Siegfried v. Fowler, Supreme Court No. S-12144, No. 1259,
SUPREME COURT OF ALASKA, July 12, 2006, Decided
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Overview: In a modification of a child custody matter, superior court erred because it failed to hold a hearing pursuant to mother's request for modification; it also failed to make findings, and it failed to make a determination as to what was in children's statutory best interests, as required by Alaska Stat. § 25.24.150(c).
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| Collier v. Municipality of Anchorage, Court of Appeals No. A-9404, No. 2054,
COURT OF APPEALS OF ALASKA, July 14, 2006, Decided
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Overview: In review of defendant's conviction for speeding, defendant's Fifth Amendment right to counsel was not violated because this was a routine traffic stop, and asking for defendant's driver's license was not violation of privilege against self-incrimination. Further, there was also no discovery violation pursuant to Alaska R. Crim. P. 16.
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| Crawford v. Kemp, Supreme Court No. S-11356, No. 6022,
SUPREME COURT OF ALASKA, July 14, 2006, Decided
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Overview: Where arrestee alleged that trooper arrested him for disorderly conduct under Alaska Stat. § 11.61.110 because he continued to speak after trooper warned him not to, he raised genuine issue of material fact as to whether trooper's belief that arrestee's words were unreasonably loud or created hazardous condition was reasonable.
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| McCurdy v. State, Court of Appeals No. A-8816, No. 5093,
COURT OF APPEALS OF ALASKA, July 19, 2006, Decided
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Overview: Sufficient evidence sustained defendant's third-degree assault conviction, under Alaska Stat. § 11.41.220(d), because reasonable jury could conclude State proved guilt and reject justification defense. Also, Sixth Amendment right to jury at sentencing was not violated because aggravators under Alaska Stat. § 12.55.155 rested on prior convictions.
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