Alaska, July, 2007, State Case law | lexisONE® Community

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State Courts - Alaska - July 18 - July 20, 2007

Bowley v. State, Court of Appeals No. A-8855, No. 5242, COURT OF APPEALS OF ALASKA, July 18, 2007, Decided
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Overview: Defendant was convicted, inter alia, of manslaughter and DUI based on a car collision. Blakely applied, but defendant failed to object with respect to lack of jury at sentencing. Trial court erred in applying greater than presumptive sentence on failing to render aid conviction because Alaska Stat. ? 12.55.155(c)(6) could not be applied.

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Hall v. State, Court of Appeals No. A-9478, No. 5241, COURT OF APPEALS OF ALASKA, July 18, 2007, Decided
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Overview: Murder defendant's trial attorney was not shown to have acted incompetently in failing to seek a jury instruction on a heat of passion defense because the attorney had made a conscious tactical decision to forego heat of passion as inapplicable to the facts of the case and to focus on self-defense instead.

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Steen v. State, Court of Appeals No. A-9747, No. 5240, COURT OF APPEALS OF ALASKA, July 18, 2007, Decided
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Overview: Defendant entered a no contest plea to felony driving under the influence and second-degree assault. Trial court erred, under Alaska Stat. ? 12.55.155, in sentencing defendant because aggravator was only applicable to DUI, not assault. Without the aggravator, trial court could only sentence defendant to no more than four years' imprisonment.

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Middleton v. State, Court of Appeals No. A-9633, No. 2111, COURT OF APPEALS OF ALASKA, July 20, 2007, Decided
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Overview: Any inconsistency between a jury's finding defendant guilty of kidnapping and finding that the kidnapping was incidental to a robbery was resolved when the jury answered that they found that defendant's restraint of a pizza delivery person qualified as restraint under the Hurd factors that were provided in another jury instruction.

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Richard v. Boggs, Supreme Court No. S-12138, No. 6141, SUPREME COURT OF ALASKA, July 20, 2007, Decided
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Overview: The fact that the parties' property division agreement was poorly planned without the aid of counsel and was based on a mutual mistake that an unfair division was necessary to keep the children's home, the wife was entitled to relief under Alaska R. Civ. P. 60(b)(6) when the parties' assumption about the house proved to be incorrect.

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