Alaska, October, 2005, State Case law

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State Courts - Alaska - October 5 - October 12, 2005

Derushe v. State, Court of Appeals No. A-8924, No. 5011, COURT OF APPEALS OF ALASKA, October 5, 2005, Decided
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Overview: Following conviction for third-degree misconduct involving a controlled substance, trial court erroneously held that decision involving Sixth Amendment right to jury at sentencing did not apply; however, error was harmless because no jury would have found in defendant's favor regarding aggravating factor.

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Greist v. State, Court of Appeals No. A-8859, No. 2014, COURT OF APPEALS OF ALASKA, October 7, 2005, Decided
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Overview: When superior court revoked defendant's sentence and added one more year to two years originally imposed, defendant's Sixth Amendment right to jury trial was not infringed because defendant was previously adjudicated a juvenile delinquent for conduct that would have been a felony; superior court was authorized to rely on this aggravating factor.

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Lindhag v. Dep't of Natural Res., Supreme Court No. S-11370, No. 5946, SUPREME COURT OF ALASKA, October 7, 2005, Decided
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Overview: Denial of workers' compensation benefits to employee was affirmed as substantial evidence supported a finding that employee's medical condition was not caused by toxic exposure during her work. Denial of employee's petition for rehearing and modification was properly denied under Alaska Stat. ? 23.30.130(a) and Alaska Admin. Code, tit. 8, ? 45.145.

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Simon v. State, Court of Appeals No. A-8886, No. 2012, COURT OF APPEALS OF ALASKA, October 7, 2005, Decided
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Overview: Defendant was convicted and sentenced for second-degree assault pursuant to a plea agreement. Use of three aggravating factors at sentencing did not violate Sixth Amendment right to a jury because, as part of plea agreement, parties could implicitly authorize judge to consider whether defendant was worst offender.

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State v. Gonzales, Court of Appeals No. A-8653, No. 2013, COURT OF APPEALS OF ALASKA, October 7, 2005, Decided
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Overview: Dismissal of 1992 sexual abuse of a minor allegations pursuant to Alaska Stat. ?? 11.41.434(a)(1); 11.41.436(a)(2); 11.41.434(a)(1) & 11.31.100 was affirmed because the State presented no evidence justifying the 10-year delay in prosecuting defendant; the judge ruled that the 10-year delay in charging defendant was not reasonable.

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Freeland v. State, Court of Appeals No. A-8852, No. 5014, COURT OF APPEALS OF ALASKA, October 12, 2005, Decided
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Overview: Defendant's sentence of six and a half years for second-degree misconduct involving weapons and three counts of third-degree assault was not excessive under Alaska Stat ? 12.55.155 as exceeding the benchmark sentence in an attempt to address defendant's substance abuse problem was a good reason.

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Hainsworth v. State, Court of Appeals No. A-8676, No. 5013, COURT OF APPEALS OF ALASKA, October 12, 2005, Decided
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Overview: Information from an informant in support of a search warrant affidavit was sufficiently corroborated to establish probable cause to search where the informant co-owned defendant's home, he told police he had seen marijuana grown there, and defendant admitted to police that he had previously grown marijuana at the residence.

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Whiting v. State, Court of Appeals No. A-8755, No. 5012, COURT OF APPEALS OF ALASKA, October 12, 2005, Decided
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Overview: DUI conviction pursuant to Alaska Stat. ? 28.35.030(a) was affirmed because defendant was in physical control of the skiff, and he was therefore operating the skiff for purposes of the DUI statute.

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