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| Abyo v. State, Court of Appeals No. A-9428, No. 2114,
COURT OF APPEALS OF ALASKA, August 10, 2007, Decided
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Overview: Where counsel stated that the video of traffic stop contradicted statements the officer made to support probable cause for defendant's arrest and that it undermined the officer's overall credibility, trial court erred by refusing to hold an evidentiary hearing on defendant's motion to suppress under Alaska R. Crim. P. 42.
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| Diggins v. Jackson, Supreme Court No. S-11141, No. 6144,
SUPREME COURT OF ALASKA, August 10, 2007, Decided
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Overview: When a cyclist was injured on a road, he sued three contractors, and settled with two contractors. Contractor's request for full offset was precluded because proportionate share rule was applicable, and that rule did not hinge on the repeal of Alaska Stat. ¿ 09.17.080(c).
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| Roberts v. State, Court of Appeals No. A-8716, No. 2115,
COURT OF APPEALS OF ALASKA, August 10, 2007, Decided
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Overview: Applicant was convicted of second-degree murder. After applicant filed application for post-conviction relief, it was discussed that jury engaged in experimental conduct during its deliberations. Applicant's second application was not considered under Alaska Stat. ¿ 12.72.020(a)(6) because jury's unauthorized conduct would not have changed outcome.
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| Armstrong v. Armstrong, Supreme Court No. S-11913, No. 1283,
SUPREME COURT OF ALASKA, August 15, 2007, Decided
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Overview: In child support dispute, supreme court refused to consider whether trial court misapplied Alaska R. Civ. P. 90.3 because husband raised three contentions on appeal that he failed to raise below, and the issue was not preserved for appeal.
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| Blizzard v. State, Court of Appeals No. A-9521, No. 5254,
COURT OF APPEALS OF ALASKA, August 15, 2007, Decided
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Overview: An Alaska R. Crim. P. 35(a) motion to correct an illegal sentence was properly denied where failure to appear was an unclassified felony, it was not subject to presumptive sentencing or former Alaska Stat. ¿ 12.55.125(k) (repealed 2005), and thus, a sentence of less than five years under Alaska Stat. ¿ 12.30.060(1) did not violate the Blakely rule.
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| Brookshire v. State, Court of Appeals No. A-9193, No. 5258,
COURT OF APPEALS OF ALASKA, August 15, 2007, Decided
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Overview: Defendant was convicted of misconduct involving a controlled substance in the fourth degree. Trial court properly denied defendant's motion to suppress the evidence because Crocker did not apply in this instance. Crocker applied to the search of someone's home for marijuana, but Crocker did not apply retroactively.
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| Copeland v. State, Court of Appeals No. A-9671, No. 5255,
COURT OF APPEALS OF ALASKA, August 15, 2007, Decided
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Overview: A postconviction application was properly denied where it was clear that appellant's claim that the trial court erred in not declaring a mistrial would have been rejected even if he had preserved the issue for review and thus, the postconviction court correctly found that he was not prejudiced by any appellate counsel error.
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| Douglas v. State, Court of Appeals No. A-9804, No. 5257,
COURT OF APPEALS OF ALASKA, August 15, 2007, Decided
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Overview: Defendant was convicted of eluding a police officer, DUI, refusal to submit to a chemical test, and violating conditions of release. Composite sentence trial court imposed was not clearly mistaken because, inter alia, defendant attempted to flee at a high rate of speed, he was under the influence, and lost control of the vehicle he was driving.
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| Dunham v. State, Court of Appeals No. A-9829, No. 5256,
COURT OF APPEALS OF ALASKA, August 15, 2007, Decided
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Overview: In a case in which defendant was convicted of three counts of third degree assault, defendant's composite sentence of 10 years with 6 years suspended was affirmed, where the trial court found two aggravating factors that defendant did not contest and defendant failed to establish the mitigating factors he proposed.
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| Olivit v. Comolli, Supreme Court No. S-12151, No. 1284,
SUPREME COURT OF ALASKA, August 15, 2007, Decided
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Overview: An officer, police department, and city were properly granted summary judgment on an individual's IIED claim where he failed to show that the officer engaged in outrageous conduct. Attorney's fees were properly awarded under Alaska R. Civ. P. 68(b)(1) where the individual had refused a one dollar offer of judgment.
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