Alaska, August, 2004, State Case law

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State Courts - Alaska - August 6 - August 11, 2004

Gross v. State, Court of Appeals No. A-8558, No. 1945, COURT OF APPEALS OF ALASKA, August 6, 2004, Decided
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Overview: Although the trial judge erred in her ruling that defendant was required to testify if he wanted to introduce character evidence in his trial for assault, defendant could not appeal the error, as he chose to testify. Also, the error was harmless.

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Odsather v. Richardson, Supreme Court No. S-10956, No. 5828, SUPREME COURT OF ALASKA, August 6, 2004, Decided
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Overview: In a tort suit filed by a worker whose truck collided with a co-worker's while the trucks were under lease, genuine issues of fact precluded summary judgment on the issue of whether the Alaska Workers' Compensation Act provided the sole remedy.

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State v. Short, Court of Appeals No. A-8601, No. 1944, COURT OF APPEALS OF ALASKA, August 6, 2004, Decided
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Overview: The superior court erred in granting defendant's motion to delete material from his presentence report regarding an informal disposition of a juvenile case.

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Avery v. State, Court of Appeals No. A-8626, No. 4906, COURT OF APPEALS OF ALASKA, August 11, 2004, Decided
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Overview: Defendant's motion to suppress was properly denied because sufficient evidence showed that his consent to search was voluntary and not coerced when officer held defendant's money in his hand and audiotape showed that defendant consented to pat down.

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Dell v. State, Court of Appeals No. A-8389, No. 4909, COURT OF APPEALS OF ALASKA, August 11, 2004, Decided
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Overview: Because defendant had predominant right of privacy and occupancy of hut where marijuana was found and he was available to give/withhold consent to the search, troopers should have asked for his consent to search rather than his companion's consent.

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Gathers v. State, Court of Appeals No. A-8568, No. 4907, COURT OF APPEALS OF ALASKA, August 11, 2004, Decided
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Overview: Trial judge's authority to impose sentence for defendant's first-degree murder conviction was not dependent on his findings regarding the aggravating and mitigating factors, thus defendant's objections to findings as to those factors were moot.

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Samskar v. State, Court of Appeals No. A-8509, No. 4908, COURT OF APPEALS OF ALASKA, August 11, 2004, Decided
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Overview: Defendant failed to present evidence that his trial or appellate counsel's performance fell outside of the range of competence displayed by one of ordinary training and skill in the criminal law.

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