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| Cathey v. State, Court of Appeals No. A-7896, No. 4893,
COURT OF APPEALS OF ALASKA, July 14, 2004, Decided
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Overview: After discovering a crack pipe at defendant's seat in a van, a police officer had probable cause to arrest defendant. Cocaine discovered in a search incident to arrest was admissible against defendant.
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| David v. State, Court of Appeals, No. A-8513, No. 4896,
COURT OF APPEALS OF ALASKA, July 14, 2004, Decided
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Overview: When prosecutor made reference to precluded tape, trial court did not err in denying defendant's motion for a mistrial and instead giving a curative instruction. Defendant's sentence for bootlegging was not harsh given his prior criminal history.
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| Harrison v. State, Court of Appeals No. A-8460, No. 4894,
COURT OF APPEALS OF ALASKA, July 14, 2004, Decided
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Overview: Defendant failed to show trial court's use of victim's intoxication, as an aggravating factor in sexual assault case, was clearly erroneous. Defendant also failed to show that trial court's rejection of a mitigating factor was clearly erroneous.
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| Henson v. State, Court of Appeals No. A-8587, No. 4895,
COURT OF APPEALS OF ALASKA, July 14, 2004, Decided
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Overview: It was unclear whether defendant was aware that he was entering plea to conduct that amounted to third-degree assault. Thus, case was remanded to trial court for findings on underlying conduct supporting defendant's plea to fourth-degree assault.
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| Wallace v. Turner, Supreme Court No. S-11061, No. 1176,
SUPREME COURT OF ALASKA, July 14, 2004, Decided
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Overview: In rental dispute, trial court did not err in setting a procedure which did not require the parties to comply with discovery; however, trial court did not sign judgment. Landlords should have been allowed to respond to request for attorney's fees.
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| Blanas v. Alaska Workers' Comp. Bd., Supreme Court No. S-11010, No. 1177,
SUPREME COURT OF ALASKA, July 21, 2004, Decided
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Overview: Substantial evidence supported an agency's finding that an employee was not unfairly induced to sign a release on his workers' compensation claim where he knew that he was physically unable to do the job of tightness testing.
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| State v. Simpson, Court of Appeals No. A-8582, No. 1941,
COURT OF APPEALS OF ALASKA, July 23, 2004, Decided
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Overview: Montana court's reliance on defendant's conduct to establish waiver of his right to be present at trial satisfied Alaska's concepts of due process such that convictions obtained in absentia could be used as prior convictions for felony DWI charge.
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| Abear v. State, Court of Appeals No. A-8448, No. 4898,
COURT OF APPEALS OF ALASKA, July 28, 2004, Decided
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Overview: Where the police officers who applied for a search warrant did not establish the trustworthiness of the informants' hearsay tips under the Aguilar-Spinelli test, the warrant was issued without probable cause; defendant's convictions were reversed.
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| Fox v. State, Court of Appeals No. A-8681, No. 4897,
COURT OF APPEALS OF ALASKA, July 28, 2004, Decided
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Overview: Where the sentencing court entered insufficient findings that defendant's composite sentence was necessary to protect the public, the case was remanded for resentencing.
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| Gilbert v. State Farm Ins. Co., Supreme Court No. S-10454, No. 1178,
SUPREME COURT OF ALASKA, July 28, 2004, Decided
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Overview: The trial court abused its discretion to deny the insured's motion to waive the cost bond requirement where it failed to consider her indigence and inform her of what was required in order to make a determination regarding indigence.
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