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| Bullard v. State, Court of Appeals No. A-8826, No. 5009,
COURT OF APPEALS OF ALASKA, September 28, 2005, Decided
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Overview: Where defendant was charged with assault in the fourth degree, the superior court judge properly excluded evidence of a prior, unrelated incident in which the victim had been charged with disorderly conduct. The probative value of the evidence was outweighed by the danger of unfair prejudice under Alaska R. Evid. 403.
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| Jensen v. City & Borough of Juneau, Court of Appeals No. A-8744, No. 5004,
COURT OF APPEALS OF ALASKA, September 28, 2005, Decided
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Overview: In DWI trial, defendant failed to show abuse of discretion in tape's exclusion from evidence because there was no challenge to trial court's ruling, pursuant to Alaska R. Evid. 403, that tape was more prejudicial than probative. Margin of error for breath analyzer was properly excluded, under Alaska Stat. § 28.40.060, because it was irrelevant.
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| Merculief v. State, Court of Appeals No. A-8685, No. 5005,
COURT OF APPEALS OF ALASKA, September 28, 2005, Decided
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Overview: In first-degree murder trial, heat of passion instruction was not warranted, pursuant to Alaska Stat. § 11.41.115, because defendant failed to introduce "some evidence" that he killed wife's boyfriend in heat of passion. Defendant did not provide evidence of serious provocation from phone call to victim, which occurred hours before the killing.
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| Nelson v. State, Court of Appeals No. A-8788, No. 5008,
COURT OF APPEALS OF ALASKA, September 28, 2005, Decided
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Overview: In a post conviction relief proceeding, superior court erred in dismissing matter because post-conviction counsel's certificate did not comply with Alaska R. Crim. P. 35.1(e)(2), as it failed to provide reasons why testing of evidence might have been useful.
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| Nickoli v. State, Court of Appeals No. A-9067, No. 5006,
COURT OF APPEALS OF ALASKA, September 28, 2005, Decided
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Overview: Court's sentence was not excessive where the trial court determined that defendant's behavior of entering into the victim's bedroom, removing clothing, and getting on top of her was "outrageous;" based on defendant's prior record and the seriousness of his present offense, the trial court concluded that defendant was a worst offender.
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| R.K. v. State, Court of Appeals No. A-8837, No. 5010,
COURT OF APPEALS OF ALASKA, September 28, 2005, Decided
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Overview: Where juvenile had been adjudicated delinquent for several incidents, there was testimony that he had emotional and mental problems and that therapeutic program would be best, it was properly determined that detention facility with cottage program was safest and least restrictive for juvenile.
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| Tyone v. State, Court of Appeals No. A-9099, No. 5007,
COURT OF APPEALS OF ALASKA, September 28, 2005, Decided
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Overview: In an assault case, defendant's sentence was supported by sufficient findings, Alaska Stat. § 12.55.125, where the court stated that defendant posed "a huge danger to a lot of people," he had an extensive juvenile record, including numerous assaults and probation violations, and he also had several convictions for assaultive conduct as an adult.
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| Greist v. State, Court of Appeals No. A-08859,
COURT OF APPEALS OF ALASKA, September 30, 2005, Decided
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Overview: Defendant's sentence was affirmed as the judge was authorized to rely on an aggravator without need for a further jury trial. Because of the aggravator, judge was authorized under former Alaska Stat. § 12.55.125(k)(2) to sentence defendant to more than two years to serve; even assuming Blakely applied, defendant's sentence did not violate Blakely.
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| McDole v. State, Court of Appeals No. A-8743, No. 2011,
COURT OF APPEALS OF ALASKA, September 30, 2005, Decided
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Overview: In sentencing for unsworn falsification and theft, trial court did not err in sentencing defendant as a second felony offender, pursuant to Alaska Stat. § 12.55.145(a)(1)(A), because series of thefts met monetary requirement for felony theft long before 10-year period expired. Also, imposition of aggravated sentence did not violate Sixth Amendment.
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| Morris v. Rowallan Alaska, Inc., Supreme Court No. S-11325, No. 5945,
SUPREME COURT OF ALASKA, September 30, 2005, Decided
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Overview: Summary judgment motion as to defendant was properly not stayed when co-defendants filed for bankruptcy protection because as joint tortfeasor, defendant was independently liable, and co-defendants were not indispensable parties as to the motion.
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