Alaska, September, 2002, State Case law

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State Courts - Alaska - September 4 - September 11, 2002

Michael v. State, Court of Appeals No. A-7890, No. 4615, COURT OF APPEALS OF ALASKA, September 4, 2002, Decided
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Overview: Defendant's convictions for first-degree sexual assault and second degree sexual assault of his daughter's best friend were affirmed, where he failed to show any error regarding double jeopardy, jury instructions, or rulings on hearsay claims.

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State v. Finney, Court of Appeals No. A-7627, No. 4613, COURT OF APPEALS OF ALASKA, September 4, 2002, Decided
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State v. Hecks, Court of Appeals No. A-8165, No. 4614, COURT OF APPEALS OF ALASKA, September 4, 2002, Decided
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Overview: Because defendant's negligent driving was only an infraction, it was not a lesser included offense of driving while intoxicated, and therefore did not trigger double jeopardy protections.

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Cent. Bering Sea Fishermen's Ass'n v. Anderson, Supreme Court No. S-9955, No. 5623, SUPREME COURT OF ALASKA, September 6, 2002, Decided
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Overview: Trial court erred by failing to limit employee's economic damages following her wrongful termination to terms of her expected contract less sums earned in other employment, but punitive damages award was appropriate for her employer's misconduct.

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Hutchings v. State, Court of Appeals No. A-7946, No. 1824, COURT OF APPEALS OF ALASKA, September 6, 2002, Decided
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Overview: The trial judge's cursory inquiry and defendant's two-word answer were legally insufficient to demonstrate that defendant, whose attorney also represented defendant's brother, knowingly waived his right to a separate attorney.

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Jackovich Trust v. State, Supreme Court No. S-9686, No. 5625, SUPREME COURT OF ALASKA, September 6, 2002, Decided
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Overview: State did not publicly announce a concrete intention to condemn specific parcels of the landowners' properties or engage in activity that substantially interfered with the use and enjoyment of their land so as to constitute inverse condemnation.

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Lacey v. State, Court of Appeals No. A-7883, No. 1825, COURT OF APPEALS OF ALASKA, September 6, 2002, Decided
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Overview: Appellant failed to prove the defense of necessity to the crime of escape, as he failed to seek administrative relief from prison officials, and he failed to offer a legitimate justification for his decision to remain a fugitive for 13 months.

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Miller v. Matanuska-Susitna Borough, Supreme Court No. S-9735, No. 5624, SUPREME COURT OF ALASKA, September 6, 2002, Decided
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Overview: The borough ordinance allocating paving special assessments to residential lots on a per-lot basis did not conflict with state law. Limiting special assessments to 25 percent of the lots' value did not apply to the local improvement district.

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Hollins v. State, Court of Appeals No. A-8152, No. 4617, COURT OF APPEALS OF ALASKA, September 11, 2002, Decided
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Overview: Where defendant had an extensive criminal record, demonstrated intransigence toward treatment, and gave a "terrible beating" to the victim, the trial court did not err in adjusting defendant's presumptive term upward in sentencing.

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Watford v. State, Court of Appeals No. A-8022, No. 4616, COURT OF APPEALS OF ALASKA, September 11, 2002, Decided
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Overview: Informant's participation in controlled buy of controlled substances from defendant adequately corroborated informant's tip to police and supported the issuance of a Glass warrant.

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