Alaska, September, 2005, State Case law

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State Courts - Alaska - September 9 - September 23, 2005

Ned v. State, Court of Appeals No. A-08721, COURT OF APPEALS OF ALASKA, September 9, 2005, Decided
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Owen M. v. State, Supreme Court No. S-11798, No. 5942, SUPREME COURT OF ALASKA, September 9, 2005, Decided
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Overview: Although a father argued the superior court erred by approving an adoption plan for his child without taking testimony, the superior court did not make an obvious mistake in not holding an evidentiary hearing because neither Alaska Stat. ? 47.10.080(l) nor Alaska CINA R. 17.2 explicitly required one.

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Ward v. State, Court of Appeals No. A-8666, No. 2008, COURT OF APPEALS OF ALASKA, September 9, 2005, Decided
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Overview: Under Alaska Stat. ? 11.41.510, there was sufficient evidence to support a second-degree robbery conviction where the security officer saw defendant conceal merchandise and defendant used force to overcome resistance to his retention of the merchandise. Superior court could not rely on Alaska Stat. ? 12.55.155(c)(1) to enhance defendant's sentence.

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Webb v. Dept. of Revenue ex rel. Webb, Supreme Court No. S-11160, No. 5941, SUPREME COURT OF ALASKA, September 9, 2005, Decided
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Overview: In interpreting Alaska R. Civ. P. 90.3(h)(3), superior court correctly concluded that amount of child support father owed in arrears could not be modified because the rule provided for preclusion in only one situation: when children lived with an obligor; in this case, the children never lived with their father.

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Dayton v. State, Court of Appeals No. A-8791, No. 2009, COURT OF APPEALS OF ALASKA, September 16, 2005, Decided
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Overview: Where defendant agreed that sentencing could be based on pre-sentence and police reports, sentence of presumptive term for third-degree assault was proper because Alaska Stat. ? 12.55.125(k)(2) superceded the Austin/Brezenoff rule, and defendant's time to serve could equal presumptive term that would apply to second felony offender.

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Casciola v. F. S. Air Serv., Supreme Court No. S-11023, No. 5943, SUPREME COURT OF ALASKA, September 23, 2005, Decided
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Overview: Air service sued individual and corporation for breach of contract and misrepresentation when individual failed to deliver jet engines as promised. Punitive damages award was not excessive under Fourteenth Amendment because, inter alia, individual's conduct was reprehensible and because of potential penalties under civil and criminal law.

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Grossman v. State, Court of Appeals No. A-8689, No. 2010, COURT OF APPEALS OF ALASKA, September 23, 2005, Decided
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Overview: Where defendant and another man beat a homeless victim to death, the trial court did not err by instructing the jury as to accomplice liability under Alaska Stat. ? 11.16.110(2). The court's imposition of a 99-year sentence for second degree murder under Alaska Stat. ? 11.41.110(a), did not violate defendant's right to a jury trial.

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Ondrusek v. Murphy, Supreme Court No. S-11196, No. 5944, SUPREME COURT OF ALASKA, September 23, 2005, Decided
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Overview: Where horseback tour guide took his mother for free ride on day company was closed and she broke her leg, her summary judgment motion in tort action against company was properly denied because genuine issues of material fact existed and conflicting inferences could have been drawn concerning whether guide was acting within scope of his employment.

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